Common use of Infringing Services Clause in Contracts

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

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