Common use of Infringing Goods And Services Clause in Contracts

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 Product to be non-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 AGILENTBuyer’s use of any Goods or receipt of any Service Services is enjoined because of any actual or claimed infringement of patent, trademark, copyright, trade secret or other intellectual property right of a third party (collectivelycol lectively, "Infringing Product"), Seller Supplier shall at its expense use its reasonable best efforts to procure the right for AGILENT Buyer to continue using or receiving the Infringing Product. If Seller Supplier is unable to do so, Seller shall Supplier shall, at its expense and Buyer’s option (a) replace the Infringing Product with non-infringing goods or service services (as applicable) without loss of functionality; (b) modify the Infringing Product to be non-non- infringing; or (c) if unable to replace or modify the Infringing Product, refund in full all costs paid by AGILENT Buyer for the Infringing Product and reimburse AGILENT Buyer upon demand for all additional costs incurred by AGILENT Buyer in purchasing any replacement goods or services.

Infringing Goods And Services. Without limiting the above remedy, if AGILENTBuyer’s use of any Goods or receipt of any Service Services 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 Supplier shall at its expense use its reasonable best efforts to procure the right for AGILENT Buyer to continue using or receiving the Infringing Product. If Seller Supplier is unable to do so, Seller shall Supplier shall, at its expense and Buyer’s option (a) replace the Infringing Product with non-infringing goods or service services (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 Buyer for the Infringing Product and reimburse AGILENT Buyer upon demand for all additional costs incurred by AGILENT Buyer in purchasing any replacement goods or services.

Infringing Goods And Services. Without limiting the above remedy, if AGILENTKEYSIGHT’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 KEYSIGHT 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-non- infringing; or (c) if unable to replace or modify the Infringing Product, refund in full all costs paid by AGILENT KEYSIGHT for the Infringing Product and reimburse AGILENT KEYSIGHT upon demand for all additional costs incurred by AGILENT KEYSIGHT in purchasing any replacement goods or servicesorservices.

Infringing Goods And Services. Without limiting the above remedy, if AGILENTKEYSIGHT’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 KEYSIGHT 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 KEYSIGHT for the Infringing Product and reimburse AGILENT KEYSIGHT upon demand for all additional costs incurred by AGILENT KEYSIGHT in purchasing any replacement goods or services.

Infringing Goods And Services. Without limiting the above remedy, if AGILENTBuyer’s use of any Goods or receipt of any Service Services 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 Supplier shall at its expense use its reasonable best efforts to procure the right for AGILENT Buyer to continue using or receiving the Infringing Product. If Seller Supplier is unable to do so, Seller shall Supplier shall, at its expense a nd Buyer’s option (a) replace the Infringing Product with non-infringing goods or service services (as applicable) without loss of functionality; (b) modify the Infringing Product to be non-non- infringing; or (c) if unable to replace or modify the Infringing Product, refund in full all costs paid by AGILENT Buyer for the Infringing Product and reimburse AGILENT Buyer upon demand for all additional costs incurred by AGILENT Buyer in purchasing any replacement goods or services.

Infringing Goods And Services. Without limiting the above remedy, if AGILENT’s BRIDGELUX’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 Supplier shall at its expense use its best efforts to procure the right for AGILENT BRIDGELUX to continue using or receiving the Infringing Product. If Seller Supplier is unable to do so, Seller Supplier 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 BRIDGELUX for the Infringing Product and reimburse AGILENT BRIDGELUX upon demand for all additional costs incurred by AGILENT BRIDGELUX in purchasing any replacement goods or services.

Infringing Goods And Services. Without limiting the above remedy, if AGILENTBuyer’s use of any Goods or receipt of any Service Services 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 Supplier shall at its expense use its reasonable best efforts to procure the right for AGILENT Buyer to continue using or receiving the Infringing Product. If Seller Supplier is unable to do so, Seller shall Supplier shall, at its expense and Buyer’s option (a) replace the Infringing Product with non-infringing goods or service services (as applicable) without loss of functionality; (b) modify the Infringing Product to be non-non- infringing; or (c) if unable to replace or modify the Infringing Product, refund in full all costs paid by AGILENT Buyer for the Infringing Product and reimburse AGILENT Buyer upon demand for all additional costs incurred by AGILENT Buyer in purchasing any replacement goods or services.

Infringing Goods And Services. Without limiting the above remedy, if AGILENTKEYSIGHT’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 KEYSIGHT 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 KEYSIGHT for the Infringing Product and reimburse AGILENT KEYSIGHT upon demand for all additional costs incurred by AGILENT KEYSIGHT in purchasing any replacement goods or servicesorservices.