Remedies For Infringing Products. If the use or combination of any product provided hereunder is enjoined (the "Infringing Product"), Supplier will, at its sole expense and option:
(1) Procure for Philips and its customers the right to continue using or combining the Infringing Product;
(2) Replace the Infringing Product with a non-infringing product of equivalent function and performance; or
(3) Modify the Infringing Product to be non-infringing, without detracting from function or performance.
Remedies For Infringing Products. Without prejudice to Section 9.1 above, if the fabrication, sale, delivery or use of any of the Array Products provided or to be provided to Rosetta hereunder is enjoined (the "INFRINGING PRODUCT"), Agilent will, at its sole expense and option:
(a) procure for Rosetta the right to continue using the Infringing Product;
(b) replace the Infringing Product with a noninfringing product of equivalent function and performance; or
(c) modify the Infringing Product to be noninfringing, without detracting from function or performance. If in procuring the right to continue using the Infringing Product under Section 9.2(a), Agilent is required to make additional royalty payments, such payments may be reflected in increased pricing of Array Products sold to Rosetta. Notwithstanding Agilent's right to increase pricing as set forth herein, if the total of such increases due to additional royalty payments shall [***], Rosetta will have the right to (i) accept the increase, (ii) renegotiate the price of the Infringing Product subject to the dispute resolution provisions of the Collaboration Agreement or (iii) should any dispute resolution fail to resolve the issue, terminate the Agreement if, [***]. In the event that Agilent is determined to owe royalties retrospectively, such retrospectively owed royalties will not be passed on to Rosetta.
Remedies For Infringing Products. If the use or combination of any -------------------------------- product provided hereunder is enjoined by a court of law and such injunction is not dismissed within 30 days (the "Infringing Product"), Foundry will, at its sole expense and option:
(1) Procure for HP and its customers the right to continue using or combining the Infringing Product;
(2) Replace the Infringing Product with a non-infringing product of equivalent function and performance; or
(3) Modify the Infringing Product to be non-infringing, without detracting from function or performance.
Remedies For Infringing Products. If the use or combination of any Product provided hereunder is enjoined and is subject to indemnification by a Party under Section 10.3 (“Infringing Product”), the non-indemnifying Party may, in its sole discretion terminate this Agreement without further obligation upon written notice to the other Party or, (A) if *** is the non-indemnifying Party, it may require ODM to, at ODM’s expense (which additional expense may not exceed ten percent (10%) of the originally agreed upon purchase price of the relevant Product):
(i) procure for *** and its customers the right to continue using or combining the Infringing Product;
(ii) replace the Infringing Product with a noninfringing product of equivalent function and performance; or
(iii) modify the Infringing Product to be noninfringing, without detracting from function or performance; or (B) if ODM is the non-indemnifying Party, it may, at the expense of *** (which additional expense may not exceed ten percent (10%) of the originally agreed upon purchase price):
(i) procure for *** and its customers the right to continue using or combining the Infringing Product;
(ii) replace the Infringing Product with a noninfringing product of equivalent function and performance; or
(iii) modify the Infringing Product to be noninfringing, without detracting from function or performance.
Remedies For Infringing Products. If the use or combination of any product provided hereunder is enjoined (the "Infringing Product"), ION Networks, Inc. will, at its sole expense and option:
(1) Procure for HP and its customers the right to continue using or combining the Infringing Product;
(2) Replace the Infringing Product with a non-infringing product of equivalent function and performance; or
(3) Modify the Infringing Product to be non-infringing, without detracting from function or performance.
Remedies For Infringing Products. 16 * CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. BROCADE/HP CONFIDENTIAL
Remedies For Infringing Products. If the use or combination of any product provided hereunder is enjoined (the "Infringing Product"), Supplier will, [*], either: [*] [*]
Remedies For Infringing Products. If the use or combination of any product provided hereunder is enjoined (the "Infringing Product"), Supplier will, at its sole expense and option:
a. Procure for Agilent and its customers the right to continue using or combining the Infringing Product;
b. Replace the Infringing Product with a non-infringing product of equivalent function and performance; or
c. Modify the Infringing Product to be non-infringing, without detracting from function or performance.
d. If, after using its best efforts, Supplier reasonably concludes that Infringing Products cannot be remedied with provisions a, b, or c, Supplier has the right to withdraw the Infringing Product and shall repay to Agilent all monies paid to Supplier by Agilent under this Agreement.
Remedies For Infringing Products. If the use of any OEM Product provided hereunder is enjoined (the “Infringing Product”), Supplier will, at its sole expense and option:
(1) Procure for Agilent and its customers the right to continue using the Infringing Product;
(2) Replace the Infringing Product with a non–infringing product of equivalent function and performance; or
(3) Modify the Infringing Product to be non–infringing, without detracting from function or performance. If Supplier is not able to provide any of the above remedies, Supplier may withhold further shipments of infringing or potentially infringing OEM Products and Agilent shall be relieved of its minimum purchase obligations.
Remedies For Infringing Products. If the use or combination of any Product -------------------------------- provided hereunder is enjoined and is not subject to indemnification by EMACHINES under Section 11.3 ("Infringing Product"), ODM may, in its sole discretion:
(i) Procure for EMACHINES and its customers the right to continue using or combining the Infringing Product;
(ii) Replace the Infringing Product with a non-infringing product of equivalent function and performance; or
(iii) Modify the Infringing Product to be non-infringing, without detracting from function or performance.
