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Common use of Limited Remedies Clause in Contracts

Limited Remedies. If the use of any Product is permanently enjoined, or Cypress determines at its sole discretion that it may be enjoined, Cypress may, at its sole discretion and at its own expense, procure for Company the right to continue using said Product, replace same with a non-infringing product, modify it so that it becomes non- infringing, or, if Cypress is unable to reasonably do any of the above and Company is enjoined from distributing the Product, Cypress will accept its return and credit Company the sum paid to Cypress by Company for the infringing Product less depreciation calculated on a forty-eight (48) month life.

Appears in 4 contracts

Samples: Sales Contracts, Sales Contracts, Sales Terms and Conditions

Limited Remedies. If the use of any Product is permanently enjoined, or Cypress determines at its sole discretion that it may be enjoined, Cypress may, at its sole discretion and at its own expense, procure for Company the right to continue using said Product, replace same with a non-infringing product, modify it so that it becomes non- infringing, or, or if Cypress is unable to reasonably do any of the above and if Company is enjoined from distributing the Product, Cypress will accept its return and credit Company the sum paid to Cypress by Company for the infringing Product less depreciation calculated on a forty-eight (48) month life.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

Limited Remedies. If the use of any Product is permanently enjoined, or Cypress determines at its sole discretion that it may be enjoined, Cypress may, at its sole discretion and at its own expense, procure for Company the right to continue using said Product, replace same with a non-infringing product, modify it so that it becomes non- non-infringing, or, or if Cypress is unable to reasonably do any of the above and if Company is enjoined from distributing the Product, Cypress will accept its return and credit Company the sum paid to Cypress by Company for the infringing Product less depreciation calculated on a forty-eight (48) month life.

Appears in 1 contract

Samples: Sales Contracts

Limited Remedies. If the use of any Product is permanently enjoined, or Cypress determines at its sole discretion that it may be enjoined, Cypress may, at its sole discretion and at its own expense, procure for Company the right to continue using said Product, replace same with a non-infringing product, modify it so that it becomes non- non-infringing, or, or if Cypress is unable to reasonably do any of the above and if Company is enjoined from distributing the Product, Cypress will accept its return and credit Company the sum paid to Cypress by Company for the infringing Product less depreciation calculated on a forty-forty eight (48) month life.

Appears in 1 contract

Samples: Sales Contracts