Our Options. If a final injunction is, or we reasonably believe that it could be, obtained against your use of the Product, or if in our opinion the Product is likely to become the subject of a successful claim of infringement, we may, at our option and expense, (a) replace or modify the Product so that it becomes non-infringing (provided that the functionality is substantially equivalent), (b) obtain for you a license to continue to use the Product, or (c) if neither (a) nor (b) are reasonably practicable, terminate this XXXX on thirty (30) days’ notice and, if the Product was licensed to you on a Perpetual License or Term License basis, refund to you the license fee paid to us for the Product less an amount for depreciation determined on a straight-line five year (or actual term if shorter) depreciation basis with a commencement date as of the date of delivery of the Product, or if the Product was licensed to you on a Subscription License basis, refund to you the unused portion of the fees paid in advance to us for the then-current subscription period for the Product. THE INDEMNIFICATION PROVISIONS SET OUT IN THIS SECTION 1.10.1 STATE OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT OR ALLEGED INFRINGEMENT BY US OF ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS IN RESPECT OF THE PRODUCT OR ITS USE.
Our Options. Except for animals, we may throw away or give to a charitable organization all personal prop- erty that is:
(1) left in the apartment after surrender, abandonment or death of a sole resident; or
(2) left outside more than 1 hour after writ of posses- sion is executed, following judicial eviction.
Our Options. 1) We have the option to:
(a) pay the loss in money; or
(b) rebuild, repair or replace with property of equivalent kind and quality, to the extent practicable, within a reasonable time. We must give the insured notice of our intent to do so within 30 days after receipt of an acceptable proof of loss.
2) We may take all or any part of damaged property at the agreed or appraised value. Any property paid for or replaced shall become our property.
Our Options. Except for animals and property re- moved after the death of a sole resident, we may throw away or give to a charitable organization all personal property that is:
(1) left in the apartment after surrender or abandon- ment; or
(2) left outside more than 1 hour after writ of posses- sion is executed, following judicial eviction.
Our Options. If a final injunction is, or we reasonably believe that it could be, obtained against your use of the Product, or if in our opinion the Product is likely to become the subject of a successful claim of infringement, we may, at our option and expense, (a) replace or modify the Product so that it becomes non-infringing (provided that the functionality is substantially equivalent),
Our Options. We have the right to any salvage value, exchange credit or replaced hardware as a result of a Loss for which We have made payment.
Our Options. If you do not pay any amount invoiced to you on or prior to the due date for payment, we may do one or more of the following, without prejudice to any of our other rights or remedies:
(a) charge interest at a rate of 10% per annum, calculated on a daily basis from the due date for payment until the date that payment is actually made to us, and you agree to pay such interest;
(b) take action against you to recover any monies due, including without limitation debt recovery, listing you with a credit referencing agency or enforcing any security you have provided to us;
(c) charge you all costs and expenses we incur (whether internal or external) in recovering or attempting to recover any amount that you owe us, including legal costs on a solicitor-client basis; or
(d) stop doing further work for you, or any entity associated with you in relation to any one or more Matters.
Our Options. An “Overdraft” is any Transaction that causes your account to have a negative balance. If available funds are not on deposit at the time we review your balance after any check or transfer request is presented, we may, without prior notice, refuse payment or transfer and then return the check, or we may (but need not) pay the check or transfer. We need not review your account more than once in making this determination. In either case, an Overdraft fee or non- sufficient funds fees may be assessed. If we pay an Overdraft, you agree to immediately deposit sufficient funds to cover the Overdraft and related fee. Even if we have a history of paying Overdrafts for you, we may stop doing so at any time.
Our Options. If a final injunction is, or we reasonably believe that it could be, obtained against your use of the Service, or if in our opinion the Service is likely to become the subject of a successful claim of infringement, we may, at our option and expense, (a) replace or modify the Service so that it becomes non-infringing (provided that the functionality is substantially equivalent), (b) obtain for you a license to continue to use the Service, or (c) if neither (a) nor (b) are reasonably practicable, terminate this Agreement on thirty (30) days’ notice and refund to you the unused portion of the fees paid in advance to us for the then-current subscription period for the Service. THE INDEMNIFICATION PROVISIONS SET OUT IN SECTIONS 10.1-10.3 STATE OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT OR ALLEGED INFRINGEMENT BY US OF ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS IN RESPECT OF THE SERVICE OR ITS USE.
Our Options. Administrator will pay the repair facility directly, or reimburse You for the repair or replacement of any part covered by this Agreement. At Our discretion, replacement parts utilized in covered repairs will be new or remanufactured parts of like kind and quality.
