Infringement Options. If there is a material, bona fide claim of infringement of any patent, copyright, trademark, trade secret, publicity, privacy, or other rights of any third party, or of defamation or obscenity, the indemnifying party shall have the right, at its option, to the extent practicable, to mitigate its liability by: (i) replacing the infringing products with noninfringing products that offer substantially the same functionality and benefits as the infringing products, and paying for any manufacturing and handling expenses associated with back inventory that is infringing and cannot be sold or distributed or, (ii) in Licensor's case, *Confidential portions omitted and filed separately with the Commission. terminating the licenses granted hereunder and Creative's payment obligations under Sections 10.2 and 10.3 shall terminate immediately.
Appears in 4 contracts
Samples: Escrow Agreement (Netspeak Corp), Escrow Agreement (Netspeak Corp), Escrow Agreement (Netspeak Corp)
