Common use of Injunction Remedies Clause in Contracts

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.