Common use of Product Subject of Claim Clause in Contracts

Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then Contractor may, at its option, procure for State the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by State shall be prevented by injunction, State will determine whether the Contract has been breached.

Appears in 10 contracts

Samples: Master Contract for Accounting and Auditing, Master Contract for Accounting and Auditing, Master Contract for Accounting and Auditing

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Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then Contractor may, at its option, procure for the State the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by the State shall be prevented by injunction, the State will determine whether the Contract contract has been breached.

Appears in 4 contracts

Samples: Contract, E Content Services Agreement, Master Contract for Information Technology (It) Services

Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then Contractor may, at its option, procure for the State the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by the State shall be prevented by injunction, the State will determine whether the Contract has been breached.

Appears in 3 contracts

Samples: Contract, Contract for Services, Contract for Services

Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then Contractor the Subgrantee may, at its option, procure for the State the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by the State shall be prevented by injunction, the State will determine whether the Contract Agreement has been breached.

Appears in 2 contracts

Samples: Grant Agreement, Grant Agreement

Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then Contractor may, at its option, procure for the State the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringingnoninfringing. If none of the above options can be accomplished, or if the use of such product by the State shall be prevented by injunction, the State will determine whether if the Contract has been breached.

Appears in 1 contract

Samples: Contract

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Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then Contractor may, at its option, procure for State MPERB the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by State MPERB shall be prevented by injunction, State MPERB will determine whether the Contract has been breached.

Appears in 1 contract

Samples: Actuarial Services Agreement

Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then Contractor may, at its option, procure for the State the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by the State shall be prevented by injunction, the State will determine whether if the Contract has been breached.

Appears in 1 contract

Samples: Contract

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