Common use of Remedies For Infringing Products Clause in Contracts

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. 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 GEMS-IT 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.