Injunction Remedies. If the use of any Licensed Products, Deliverables or any part thereof alone or in combination with other equipment, software, method or service is enjoined, Supplier shall, at its sole expense and option: (i) procure for HP and Customer the right to continue using the Licensed Products and/or Deliverables; (ii) replace the Licensed Products and/or Deliverables with a non-infringing version of equivalent function and performance; or (iii) modify the Licensed Products and/or Deliverables to be non-infringing without detracting from function or performance. If one of the foregoing remedies are not reasonably available, Supplier shall promptly refund to HP all fees paid for the enjoined Licensed Products and/or Deliverables, reimburse HP for any costs incurred by HP as a result of such injunction, in addition to any other available remedies.
Injunction Remedies. If the use of any Licensed Intellectual Property is enjoined, SUPPLIER shall, at its sole expense and option: (i) procure for FIRST TRANSIT INC. the right to continue using the Licensed Intellectual Property; (ii) replace the Licensed Intellectual Property with a non-infringing version of equivalent function and performance; or (iii) modify the Licensed Intellectual Property to be non- infringing without detracting from function or performance. If one of the foregoing remedies are not reasonably available, SUPPLIER shall promptly refund to FIRST TRANSIT INC. all fees paid for the enjoined Licensed Intellectual Property, reimburse FIRST TRANSIT INC. for any costs incurred by FIRST TRANSIT INC. as a result of such injunction, in addition to any other available remedies.
Injunction Remedies. If the use of any Deliverables or any part thereof alone or in combination with other equipment, software, method or service is enjoined, Supplier shall, at its sole expense and option: (i) procure for HP and Customer the right to continue using the Deliverables; (ii) replace the Deliverables with a non-infringing version of equivalent function and performance; or (iii) modify the Deliverables to be non-infringing without detracting from function or performance. If one of the foregoing remedies are not reasonably available, Supplier shall promptly refund to HP all fees paid for the enjoined Deliverables, reimburse HP for any costs incurred by HP as a result of such injunction, in addition to any other available remedies.
Injunction Remedies. If the use of any Licensed Intellectual Property is enjoined, SUPPLIER shall, at its sole expense and option: (i) procure for FIRST VEHICLE SERVICES INC. the right to continue using the Licensed Intellectual Property; (ii) replace the Licensed Intellectual Property with a non-infringing version of equivalent function and performance; or (iii) modify the Licensed Intellectual Property to be non-infringing without detracting from function or performance. If one of the foregoing remedies are not reasonably available, SUPPLIER shall promptly refund to FIRST VEHICLE SERVICES INC. all fees paid for the enjoined Licensed Intellectual Property, reimburse FIRST VEHICLE SERVICES INC. for any costs incurred by FIRST VEHICLE SERVICES INC. as a result of such injunction, in addition to any other available remedies.
Injunction Remedies. If the use of any Licensed Products, Deliverables or any part thereof alone or in combination with other equipment, software, method or service is enjoined, Supplier shall, at its sole expense and option: (i) procure for HPE and Customer the right to continue using the Licensed Products and/or Deliverables; (ii) replace the Licensed Products and/or Deliverables with a non-infringing version of equivalent function and performance; or (iii) modify the Licensed Products and/or Deliverables to be non-infringing without detracting from function or performance. If one of the foregoing remedies are not reasonably available, Supplier shall promptly refund to HPE all fees paid for the enjoined Licensed Products and/or Deliverables, reimburse HPE for any costs incurred by HPE as a result of such injunction, in addition to any other available remedies.
Injunction Remedies. The Selling Shareholder acknowledges that Dollar Tree shall have no adequate remedy at law and that irreparable injury may result to Dollar Tree in the event Selling Shareholder violates or breaches any of the above agreements, covenants, or restrictions. Therefore, it is hereby agreed that upon any breach of any of the above covenants, agreements, or restrictions, Dollar Tree shall be entitled, in addition to any other remedies available, to an injunction to restrain the violation or breach of any of the terms of such covenants, agreements, or restrictions by Selling Shareholder, and that no bond shall be required in procuring any such injunction. In addition, if any party files suit to enforce its rights under this Agreement and prevails, the other party agrees to reimburse the prevailing party for all reasonable costs and fees, including any reasonable attorney's fees the prevailing party incurs. The court shall determine who is the prevailing party for purposes of the preceding sentence. The foregoing remedies for breach of this Agreement are cumulative and not exclusive of any other remedies Dollar Tree may have at law or in equity in the event of breach.
Injunction Remedies. If Company’s use of any component of the Platform is, or in Developer’s opinion is likely to be, enjoined due to the type of claim specified in Section 7.1, then Developer, at its sole option and expense, will have the right to either: (a) procure for Company a license comparable to that granted herein to allow Company to continue using the Platform in accordance with the terms of this Agreement; or (b) substitute or modify the allegedly infringing item to avoid the infringement, while retaining equivalent functionality; or (c) if options (a) and (b) cannot be accomplished after Developer’s exercise of commercially reasonable efforts, Developer may terminate this Agreement upon notice to Company.
Injunction Remedies. If the use of any Licensed Products, alone or in combination with other equipment, software, method or service is enjoined, Supplier shall, at its sole expense and option: (i) procure for HP and Customer the right to continue using the Licensed Products;
Injunction Remedies. If the use of any Licensed Intellectual Property is enjoined, SUPPLIER shall, at its sole expense and option: (i) procure for FGA the right to continue using the Licensed Intellectual Property; (ii) replace the Licensed Intellectual Property with a non-infringing version of equivalent function and performance; or (iii) modify the Licensed Intellectual Property to be non-infringing without detracting from function or performance. If one of the foregoing remedies are not reasonably available, SUPPLIER shall promptly refund to FGA all fees paid for the enjoined Licensed Intellectual Property, reimburse FGA for any costs incurred by FGA as a result of such injunction, in addition to any other available remedies.
Injunction Remedies. If Company’s use of any component of the Portal System is, or in Developer’s opinion is likely to be, enjoined due to the type of claim specified in Section 7.1, then Developer, at its sole option and expense, will have the right to either:
(a) procure for Company a license comparable to that granted herein to allow Company to continue using the Portal System in accordance with the terms of this Agreement; or
(b) substitute or modify the allegedly infringing item to avoid the infringement, while retaining equivalent functionality; or (c) if options (a) and (b) cannot be accomplished after Developer’s exercise of commercially reasonable efforts, Developer may terminate this Agreement upon notice to Company; provided, however, that Developer shall refund to Company any unearned fees paid to Developer in advance by Company.
