Common use of Infringing Equipment Clause in Contracts

Infringing Equipment. If the manufacture of any Deliverable Item or the normal intended use, lease or sale of any Deliverable Item under this Contract is enjoined as a result of an Intellectual Property Claim or is otherwise prohibited, Boeing shall, at its option and expense, (i) resolve the matter so that the injunction or prohibition no longer pertains, (ii) procure for the Indemnified Parties the right to use the infringing item, and/or (iii) modify the infringing item so that it becomes non-infringing while remaining in compliance with the Satellite Performance Specification (as such may be modified or waived pursuant to Article 7.4 (Waivers and Deviations) or Article 9.6 (Waivers and Deviations), as applicable). Customer shall, at Boeing’s expense, reasonably cooperate with Boeing to mitigate or remove any infringement. If Boeing is unable to accomplish (i), (ii) or (iii) as stated above, prior to Launch, Customer shall have the right to terminate this Contract, in whole or in part, and receive a refund of the amounts paid to Boeing for such terminated items, less a reasonable allowance for use and depreciation.