Common use of Infringing Goods or Services Clause in Contracts

Infringing Goods or Services. If the use of any Goods or Services is enjoined (collectively, “Infringing Goods”), Seller shall at its expense procure the right for ▇▇▇▇▇▇▇ to continue using or receiving the Infringing Goods. If Seller is unable to do so, Seller 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 ▇▇▇▇▇▇▇ for the Infringing Goods and pay all reasonable costs incurred by ▇▇▇▇▇▇▇ in replacing the Infringing Goods.

Appears in 3 contracts

Sources: Purchase Agreement, Purchase Terms and Conditions, Terms and Conditions of Sale

Infringing Goods or Services. If the use of any Goods or Services is enjoined (collectively, “Infringing Goods”), Seller shall at its expense procure the right for ▇▇▇▇▇▇▇ NovelAire to continue using or receiving the Infringing Goods. If Seller is unable to do so, Seller 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 ▇▇▇▇▇▇▇ NovelAire for the Infringing Goods and pay all reasonable costs incurred by ▇▇▇▇▇▇▇ NovelAire in replacing the Infringing Goods.

Appears in 1 contract

Sources: Purchase Order Terms and Conditions

Infringing Goods or Services. If the use of any Goods or Services is enjoined (collectively, “Infringing Goods”), Seller shall at its expense procure the right for ▇▇▇▇▇▇▇ HP to continue using or receiving the Infringing Goods. If Seller is unable to do so, Seller shall at its expense (and at Indemnitees’ option): (i) replace the Infringing Goods with non- 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 ▇▇▇▇▇▇▇ HP for the Infringing Goods and pay all reasonable costs incurred by ▇▇▇▇▇▇▇ HP in replacing the Infringing Goods.

Appears in 1 contract

Sources: Purchase Order Terms and Conditions

Infringing Goods or Services. If the use of any Goods or Services is enjoined (collectively, “Infringing Goods”), Seller shall at its expense procure the right for ▇▇▇▇▇▇▇ DAS to continue using or receiving the Infringing Goods. If Seller is unable to do so, Seller shall at its expense (and at Indemnitees’ option): (i) replace the Infringing Goods with non- 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 ▇▇▇▇▇▇▇ DAS for the Infringing Goods and pay all reasonable costs incurred by ▇▇▇▇▇▇▇ DAS in replacing the Infringing Goods.

Appears in 1 contract

Sources: Order

Infringing Goods or Services. If the use of any Goods or Services is enjoined (collectively, “Infringing Goods”), Seller shall at its expense procure the right for ▇▇▇▇▇▇▇ to continue using or receiving the Infringing Goods. If Seller is unable to do so, Seller 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 ▇▇▇▇▇▇▇ for the Infringing Goods and pay all reasonable costs incurred by ▇▇▇▇▇▇▇ Madison in replacing the Infringing Goods.

Appears in 1 contract

Sources: Terms and Conditions of Sale