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 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 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-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.

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.