Common use of Mitigation Measures Clause in Contracts

Mitigation Measures. In the event of any claim or potential claim covered by Section 8.10.1, LRI may, in its discretion, seek to mitigate the impact of such claim by modifying, providing a work-around for, or replacing the Software Product to make it non-infringing, and/or by suspending or terminating Customer’s use of the Software Product upon reasonable notice to Customer (provided, in the case of such suspension or termination, that LRI will refund to Customer a portion of fees prepaid by Customer for the then- current subscription period, prorated to the portion of that subscription period that is affected by the suspension or termination, or in the case of a perpetual license, a prorated portion of the license fee as amortized on a straight-line basis over five years from commencement of the license).