Remedies for Infringement. If the System, Software or Services, or any portion thereof are enjoined under any award or settlement, Swisslog, at its option and expense, will:
Remedies for Infringement. Except in connection with any Intellectual Property Rights (or embodiments thereof) acquired by Boise Paper or any of its Affiliates from Boise Cascade under the Purchase Agreement (whether directly, by contribution under the Contribution Agreement provided for under the Purchase Agreement or by acquisition of any equity interest under the Purchase Agreement or the Contribution Agreement), if a Service, Deliverable, Software, hardware, Work Product or other document or material provided by Service Provider to Services Recipient infringes or otherwise conflicts with the Intellectual Property Rights of a third party, Services Recipient shall have the right to require the providing Party to: (i) replace or modify such infringing items to make their use non-infringing while providing substantially the same functionality; or (ii) procure the right for Services Recipient to continue to use or receive such infringing items. If Service Provider is unable to do the foregoing within a reasonable period of becoming aware of such infringement, Services Recipient may terminate the applicable Services upon 30 days written notice.
Remedies for Infringement. If use of the Licensed Program is enjoined or if CMC reasonably believes that use of the Licensed Program may be enjoined, CMC may, at its option, (a) obtain the right for Customer to continue using the Licensed Program; or (b) replace or modify the Licensed Program so it is no longer infringing, or if CMC determines that neither (a) nor (b) can reasonably be accomplished, (c) terminate the applicable license(s) and issue a pro rata refund of the License Fees paid for the Licensed Program, which refund amount shall be determined in CMC's reasonable discretion and CMC's payment thereof shall constitute Customer's sole and exclusive remedy for all claims.
Remedies for Infringement. 15.1 In the event Customer learns that there is, or may be, any infringement or unauthorized use of the Product or disclosure of Confidential Information, Customer shall promptly notify CAE Healthcare in writing of same. In the event of a possible infringement or unauthorized use of the Product, CAE Healthcare retains the sole right, in its sole discretion, to commence a legal action or to take any action in response thereto. Customer shall cooperate and provide all available information and assistance to CAE Healthcare in such regard. CAE Healthcare shall not be bound by any settlement or compromise of any charge of infringement made without its written consent. Customer acknowledges that CAE Healthcare shall have the right to take such measures which CAE Healthcare deems appropriate to minimise any potential damages due to any alleged claim. Customer agrees not to assert against CAE Healthcare any infringement claims on the Software, Data and/or the Products.
Remedies for Infringement. As soon as Seller or Buyer has reason to believe a Claim under subsection (a) is likely to be made against the Indemnitees, Seller shall, promptly and at its sole expense, use its best efforts to settle, avoid, or otherwise cure the Claim by one of the following procedures:
Remedies for Infringement. If in any such suit or proceeding LICENSEE's continued use of any item of Software Products is enjoined, or if by reason of any claim or potential claim of infringement LICENSOR deems it advisable to do so, LICENSOR may, at its option and expense, (i) procure for LICENSEE the right to continue using such Software Products, (ii) modify or replace such Software Products with non-infringing Software Products, provided that such modification does not materially adversely affect performance or (iii) remove such Software Products and grant LICENSEE a credit based upon the remaining beneficial use of the Software Product and its depreciated value. If infringement is alleged prior to completion of deliveries of the Software Products, LICENSOR may decline to make further shipments without being in breach of this Agreement.
Remedies for Infringement. Subject to Supplier/Swisslog Healthcare’s indemnification obligations in the Base Agreement, if the System, Software or Services, or any portion thereof are enjoined under any award or settlement, Swisslog Healthcare, at its option and expense, will:
Remedies for Infringement. 47 This Article provides for revocation of a European Patent on any of the following grounds:
Remedies for Infringement. If Customer’s use of the Product is enjoined or in Santera’s opinion is likely to be enjoined, at its expense Santera will replace the enjoined Product or Licensed Materials furnished pursuant to this Agreement with a suitable substitute free of any infringement; will modify the infringing Product or Licensed Materials so that they will be free of the infringement; or will procure for Customer a license or other right to use such infringing Products or Licensed Materials. If none of the foregoing options are practical, Santera will remove the enjoined Product or Licensed Materials and refund to Customer the depreciated value (as carried on the Customer’s books) of such Product(s) or Licensed Materials. In no event, however, will Santera’s liability hereunder exceed the amounts paid by Customer to Santera to purchase the Product or the right to use the Licensed Materials that are the subject of the Infringement Claim. THE PROVISIONS OF THIS ARTICLE 9 SET FORTH THE PARTIES’ SOLE AND EXCLUSIVE OBLIGATIONS AND LIABILITIES WITH RESPECT TO ANY INFRINGEMENT CLAIM.
Remedies for Infringement. If a temporary or final injunction is obtained against Buyer’s use of the Product for which Supplier is obligated to indemnify Buyer under Section 3.2, Supplier may at its own expense, either a) procure for Buyer the right to continue using the Products, or b) replace or modify for Buyer the Products or the infringing portion thereof such that they no longer infringe as long as the utility of performance of the Product is not adversely affected by such replacement or modification and the replaced or modified Product conforms with the Specifications.
