Common use of Remedial Measures Clause in Contracts

Remedial Measures. If a Product or Service becomes, or its use reasonably may become, the subject of a Claim, Avaya may opt to: (i) procure for Customer the right to continue use of the Product or Service; (ii) replace or modify the Product or Service; or (iii) refund to Customer a pro-rated portion of the applicable fees for the Product based on a linear depreciation monthly over a 5 year useful life and any prepaid fees, in which case Customer will cease all use of the Product and return the applicable Product to Avaya.

Remedial Measures. If a Product or Service becomes, or its use reasonably may become, the subject of a Claim, Avaya may opt to: (i) procure for Customer the right to continue use of the Product or Service; (ii) replace or modify the Product or Service; or (iii) refund to Customer a pro-rated portion of the applicable fees for the Product based on a linear depreciation monthly over a 5 year useful life and any prepaid fees, in which case Customer will cease all use of the Product and return the applicable Product to Avaya.or

Remedial Measures. If a Product or Service becomes, or its use reasonably may become, the subject of a Claim, Avaya may opt to: (i) procure for Customer the right to continue use of the Product or ServiceProduct; (ii) replace or modify the Product or ServiceProduct; or (iii) refund to Customer a pro-pro- rated portion of the applicable fees for the Product based on a linear depreciation monthly over a 5 year useful life and or any prepaid fees, in which case Customer will cease all use of the Product and return the applicable Product to Avaya.

Remedial Measures. If a Product or Service becomes, or its Avaya reasonably believes use reasonably of a Product may become, the subject of a Claim, Avaya may opt tomay, at its own expense and option: (i) procure for Customer the right to continue use of the Product or ServiceProduct; (ii) replace or modify the Product or ServiceProduct; or (iii) refund to Customer a pro-rated portion of the applicable fees for the Product based on a linear depreciation monthly over a 5 five (5) year useful life and any prepaid feeslife, in which case Customer will cease all use of the Product and return the applicable Product it to Avaya.

Remedial Measures. If a Product or Service becomes, or its Avaya reasonably believes use reasonably of a Product may become, the subject of a Claim, Avaya may opt tomay, at its own expense and option: (i) procure for Customer the right to continue use of the Product or ServiceProduct; (ii) replace or modify the Product or ServiceProduct; or to the extent that neither (i) nor (ii) are deemed commercially practicable, (iii) refund to Customer a pro-rated portion of the applicable fees for the Product based on a linear depreciation monthly over a 5 five year useful life and any prepaid feeslife, in which case Customer will cease all use of the Product and return the applicable Product it to Avaya.

Remedial Measures. If a Product or Service becomes, or its use reasonably may become, the subject of a Claim, Avaya may opt to: (i) procure for Customer the right to continue use of the Product or ServiceProduct; (ii) replace or modify the Product or ServiceProduct; or (iii) refund to Customer a pro-rated portion of the applicable fees for the Product based on a linear depreciation monthly over a 5 year useful life and or any prepaid fees, in which case Customer will cease all use of the Product and return the applicable Product to Avaya.

Remedial Measures. If a Product or Service becomes, or its use reasonably may become, the subject of a Claim, Avaya may opt to: (i) procure for Customer the right to continue use of the Product or ServiceProduct; (ii) replace or modify the Product or ServiceProduct; or (iii) refund to Customer a pro-rated portion of the applicable fees for the Product based on a linear depreciation monthly over a 5 year useful life and any prepaid fees, in which case Customer will cease all use of the Product and return the applicable Product to Avaya.pro-

Remedial Measures. If a Product or Service becomes, or its use reasonably may become, the subject of a Claim, Avaya may opt to: (i) procure for Customer the right to continue use of the Product or ServiceProduct; (ii) replace or modify the Product or ServiceProduct; or (iii) refund to Customer a pro-rated portion of the applicable fees for the Product based on a linear depreciation monthly over a 5 five year useful life and any prepaid feeslife, in which case Customer will cease all use of the Product and return the applicable Product to Avaya.