Common use of Infringing Products or Services Clause in Contracts

Infringing Products or Services. If the use of any Products or Services is enjoined (collectively, “Infringing Products”), Supplier shall at its expense procure the right for DXC to continue using or receiving the Infringing Products. If Supplier is unable to do so, Supplier shall at its expense (and at Indemnitees’ option): (i) replace the Infringing Products with non-infringing Products or Services of equivalent form, function and performance; or (ii) modify the Infringing Products to be non-infringing without detracting from form, function or performance; or (iii) if unable to replace or modify the Infringing Products, refund in full all monies paid by DXC for the Infringing Products and pay all reasonable costs incurred by DXC in replacing the Infringing Products. Removal of DXC Trademarks. Supplier shall remove from all Products rejected, returned or not purchased by DXC, DXC’s name and any of DXC’s trademarks, trade names, insignia, part numbers, symbols, and decorative designs, prior to any other sale, use, or disposition of such Products by Supplier.

Infringing Products or Services. If the use of any Products or Services is enjoined (collectively, “Infringing Products”), Supplier shall at its expense procure the right for DXC to continue using or receiving the Infringing Products. If Supplier is unable to do so, Supplier shall at its expense (and at Indemnitees’ option): (i) replace the Infringing Products with non-infringing Products or Services of equivalent form, function and performance; or (ii) modify the Infringing Products to be non-infringing without detracting from form, function or performance; or (iii) if unable to replace or modify the Infringing Products, refund in full all monies paid by DXC for the Infringing Products and pay all reasonable costs incurred by DXC in replacing the Infringing Products. Products.‌‌‌‌‌‌‌‌‌‌ Removal of DXC Trademarks. Supplier shall remove from all Products rejected, returned or not purchased by DXC, DXC’s DXCs’ name and any of DXC’s trademarks, trade names, insignia, part numbers, symbols, and decorative designs, prior to any other sale, use, or disposition of such Products by Supplier.Supplier.‌‌