Common use of Infringing Goods or Services Clause in Contracts

Infringing Goods or Services. If the use of any Goods and/or Services is enjoined (collectively, “Infringing Goods”), the Supplier shall at its expense purchase the right for Oxford Innovation Services Ltd to continue using or receiving the Infringing Goods. If the Supplier is unable to do so, the Supplier shall at its expense (and at Indemnitees’ option): (i) replace the Infringing Goods with non-infringing Goods or Services of equivalent form, function and performance; or (ii) modify the Infringing Goods to be non-infringing without detracting from form, function or performance; or (iii) if unable to replace or modify the Infringing Goods, refund in full all monies paid by Oxford Innovation Services Ltd for the Infringing Goods and pay all reasonable costs incurred by Oxford Innovation Services Ltd in replacing the Infringing Goods.