Infringing Goods And Services. Without limiting the above remedy, if AGILENT’s use of any Goods or receipt of any Service is enjoined because of any actual or claimed infringement of patent, trademark, copyright, trade secret or other intellectual property right of a third party (collectively, "Infringing Product"), Seller shall at its expense use its best efforts to procure the right for AGILENT to continue using or receiving the Infringing Product. If Seller is unable to do so, Seller shall at its expense (a) replace the Infringing Product with non-infringing goods or service (as applicable) without loss of functionality; (b) modify the Infringing Product to be non-infringing; or (c) if unable to replace or modify the Infringing Product, refund in full all costs paid by AGILENT for the Infringing Product and reimburse AGILENT upon demand for all additional costs incurred by AGILENT in purchasing any replacement goods or services.
Infringing Goods And Services. Without limiting the above remedy, if AGILENT’s use of any Goods or receipt of any Service is enjoined because of any actual or claimed infringement of patent, trademark, copyright, trade secret or other intellectual property right of a third party (collectively, "Infringing Product"), Seller shall at its expense use its best efforts to procure the right for AGILENT to continue using or receiving the Infringing Product. If Seller is unable to do so, Seller shall at its expense (a) replace the Infringing Product with non-infringing goods or service (as applicable) without loss of functionality; (b) modify the
Infringing Goods And Services. Without limiting the above remedy, if ASTEK’s use of any Goods or receipt of any Service is enjoined because of any actual or claimed infringement of patent, trademark, copyright, trade secret or other intellectual property right of a third party (collectively, "Infringing Product"), Seller shall at its expense use its best efforts to procure the right for ASTEK to continue using or receiving the Infringing Product. If Seller is unable to do so, Seller shall at its expense (a) replace the Infringing Product with non-infringing goods or service (as applicable) without loss of functionality; (b) modify the Infringing Product to be non-infringing; or (c) if unable to replace or modify the Infringing Product, refund in full all costs paid by ASTEK for the Infringing Product and reimburse ASTEK upon demand for all additional costs incurred by ASTEK in purchasing any replacement goods or services.
Infringing Goods And Services. Without limiting the above remedy, if AGILENT’sGoodus osr reeceipot off any aSenrvicye is enjoined because of any actual or claimed infringement of patent, trademark, copyright, trade secret or other intellectual property right of a third party (collectively,
Infringing Goods And Services. Without limiting the above remAeGdILEyNT,mayiprfocureA, uGpoIn sLucEh teNrmTs a’ndsin suuchsmeanneroasfAGIaLEnNTydeemGs oapporodprisate, or written claim for an adjustment wif thte Ghooidsnor 30 dareycesipt of oanfy ServAiceGisIenLjoEineNd bTec’ausse of nanoy atctuial cor eclaimead ninfrdingempenrt oif poaternt, trtadoemarks, hipmentreplaocement goods or services, and Seller shall reimburse AGILENT upon demand for all additional provision of the Services, and provided that such equitable adjustment is documented in writing signed by authorized representatives of both parties. If, after reasonable and good-faith efforts, the parties are copyright, trade secret or other intellectual property right of a third party (collectively, "Infringing Product"), Seller shall at its expense use its best efforts to procure the right for AGILENT to continue using or costs incurred by AGILENT in purchasing such replacement goods or services.
