Common use of Infringement; Limitation Clause in Contracts

Infringement; Limitation. If all or any portion of the Platform is, in Pressbooks’ opinion, likely to or otherwise does become the subject of a claim for infringement of any Intellectual Property Rights, Pressbooks may, at its option and its sole cost and expense, either: (i) procure in favour of Partner the right to use the same as contemplated herein, (ii) modify the same to become non-infringing provided that any such modification does not materially impair the ability of the Platform, or any part thereof to conform to and perform in accordance with the specifications therefor or the intended use of the Platform; or (iii) replace the infringing part of the Platform, with compatible, feature and functionally equivalent, and non-infringing products or documentation, as the case may be. If in Pressbooks’ reasonable opinion it is not commercially reasonable for it to comply with any of (i), (ii) or (iii) above, it may upon written notice to Partner, terminate this Agreement in case the Platform is infringing. The remedies set forth in this section 8.3 are Partner’s sole remedy in the event of a potential infringement or a claim for infringement in connection with the Platform.