Common use of Remedial Measures Clause in Contracts

Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for End User the right to continue use of the Product at no additional cost to End User for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non- infringing while maintaining the Product’s essential specifications; or (iv) refund to End User a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services), based upon a linear monthly depreciation over a five (5)-year useful life, in which case End User will both cease all use of the Product and return the Product to NACR. XXXX agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of End User.

Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for End User the right to continue use of the Product at no additional cost to End User for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non- infringing while maintaining the Product’s essential specifications; or (iv) refund to End User a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services), based upon a linear monthly depreciation over a five (5)-year useful life, in which case End User will both cease all use of the Product and return the Product to NACR. XXXX NACR agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of End User.

Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for End User Customer the right to continue use of the Product at no additional cost to End User Customer for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non- infringing while maintaining the Product’s essential specifications; or (iv) refund to End User Customer a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services), based upon a linear monthly depreciation over a five (5)-year useful life, in which case End User Customer will both cease all use of the Product and return the Product to NACR. XXXX agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of End UserCustomer.

Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for End User CUSTOMER the right to continue use of the Product at no additional cost to End User CUSTOMER for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non- non-infringing while maintaining the Product’s essential specifications; or (iv) refund to End User CUSTOMER a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services), based upon a linear monthly depreciation over a five (5)-year useful life, in which case End User CUSTOMER will both cease all use of the Product and return the Product to NACR. XXXX NACR agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of End UserCUSTOMER.