Potential Infringement. If SurveyMonkey believes the technology used to provide the Services may infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then SurveyMonkey may: (a) obtain the right for Customer, at SurveyMonkey’s expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If SurveyMonkey does not believe that the foregoing options are commercially reasonable, then SurveyMonkey may suspend or terminate Customer’s use of the impacted Services and provide a pro rata refund of any fees prepaid by Customer applicable to the period following the termination of such Services.
Potential Infringement. In the event either Cipher or Distributor learns of any Third Party patents which may cover the Manufacturing, Marketing or, if applicable, Testing or Packaging of the Product in the Territory, as carried out by Distributor in accordance with its rights under this Agreement, such Party will notify the other Party. The Parties agree to confer in good faith regarding such potential infringement risk and to explore reasonable alternatives for avoiding such risk and to provide such information to each other as either Party may reasonably request.
Potential Infringement. If Momentive believes the technology used to provide the Services may infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then Momentive may: (a) obtain the right for Customer, at Momentive’s expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If Momentive does not believe that the foregoing options are commercially reasonable, then Momentive may suspend or terminate Customer’s use of the impacted Services and provide a pro rata refund of any fees prepaid by Customer applicable to the period following the termination of such Services.
Potential Infringement. Each Party will notify the other Party of: (i) any potential infringement of any of such other Party’s Intellectual Property of which it becomes aware; (ii) any potential infringement by any Third Party of any of the Intellectual Property incorporated in, embodied by or relied upon to manufacture a Diagnostic Product or Roche Instrument; or (iii) any potential infringement by a Diagnostic Product or Roche Instrument of any Intellectual Property owned or asserted to be owned by a Third Party of which it becomes aware. Either Party’s notice under this Section V(h) shall be Confidential Information and shall not be disclosed to the alleged infringer or any other party without the other Party’s prior written consent.
Potential Infringement. Each party (the “Notifying Party”) shall give the other party prompt written notice of any potential infringement, misappropriation or dilution of a party’s intellectual property rights (including but not limited to patents, copyrights, trademarks and trade secrets) by a Third Party of which the Notifying Party has knowledge and any potential infringement, misappropriation or dilution by the Notifying Party of any third party’s intellectual property rights (including but not limited to patents, copyrights, trademarks and trade secrets) of which the Notifying Party has knowledge. comScore shall give Citadel prompt written notice of any potential infringement, misappropriation, dilution, or violation of the Field of Use by any Third Party of which comScore has knowledge or reason to believe is infringing, misappropriating, diluting, or violating.
Potential Infringement. If we believe the Services may infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then we may:
(a) obtain the right for you, at our expense, to continue using the Services;
(b) provide a non-infringing functionally equivalent replacement; or
(c) modify the Services so that they no longer infringe. If we do not believe that the options above are commercially reasonable, then we may suspend or terminate your use of the impacted Services and provide you with a pro rata refund of any fees prepaid by you applicable to the period following the termination of such Services.
Potential Infringement. If due to a claim of infringement the Services are held by a court of competent jurisdiction or believed by Front to be infringing, Front may at its option and expense, (i) replace or modify the Services to be non-infringing provided that such modification or replacement contains substantially similar features and functionality; (ii) obtain for Customer a license at Front’s expense to continue using the Services; or (iii) if neither of the foregoing are commercially practicable, terminate this Agreement and Customer’s rights hereunder, in which case Front’s sole liability (in addition to its indemnification obligations above) shall be to provide Customer with a pro-rated refund of prepaid but unused Subscription Charges applicable to the remaining portion of Customer’s current Subscription Term. Sections 8.1 and 8.3 state Front’s sole liability with respect to, and Customer Parties’ exclusive remedy against Front for, any infringement claim.
Potential Infringement. In the event either CytoDyn or American Regent learns of any Third-Party patents which may cover the Manufacturing, Marketing, Testing or Packaging of a Product in the Territory, such Party will promptly notify the other Party. The Parties agree to confer in good faith regarding such potential infringement risk and to explore reasonable alternatives for avoiding such risk and to provide such information to each other as either Party may reasonably request.
Potential Infringement. If SurveyMonkey believes the technology used to provide the Services may infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then SurveyMonkey may: (a) obtain the right for Customer, at SurveyMonkey’s expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If SurveyMonkey does not believe that the foregoing options are commercially reasonable, then SurveyMonkey may suspend or terminate Customer’s use of the impacted Services and provide a pro
Potential Infringement. If Twingate believes that any portion of a Service may infringe or may be alleged to infringe a third party’s intellectual property rights, then Twingate may, at its option:
(a) procure the right for Customer to continue using that Service;
(b) replace that Service with a non-infringing Service that does not materially impair the functionality of that Service;
(c) modify that Service so that it becomes non-infringing; or
(d) terminate that Service and refund any prepaid subscription Fees covering the remainder of the applicable Subscription Term and, upon such termination, Customer will immediately cease all use of that Service.
