Common use of REMEDY FOR BREACH OF WARRANTY Clause in Contracts

REMEDY FOR BREACH OF WARRANTY. If someone claims, or DFAT reasonably believes that someone is likely to claim, that all or part of the Warranted Materials infringe their Intellectual Property Rights, the Recipient must, in addition to the indemnity under Clause 24 (Indemnity) and to any other rights that DFAT may have against it, promptly, at the Recipient's expense: (a) use its best efforts to secure the rights for DFAT to continue to use the affected Warranted Materials free of any claim or liability for infringement; or (b) replace or modify the affected Warranted Materials so that the Warranted Materials or the use of them does not infringe the Intellectual Property Rights of any other person without any degradation of the performance or quality of the affected Warranted Materials.

REMEDY FOR BREACH OF WARRANTY. If someone claims, or DFAT reasonably believes that someone is likely to claim, that all or part of the Warranted Materials infringe their Intellectual Property Rights, the Recipient must, in addition to the indemnity under Clause 24 (IndemnityInde mnity) and to any other rights that DFAT may have against it, promptly, at the Recipient's expense: (a) use its best efforts to secure the rights for DFAT to continue to use the affected Warranted Materials free of any claim or liability for infringement; or (b) replace or modify the affected Warranted Materials so that the Warranted Materials or the use of them does not infringe the Intellectual Property Rights of any other person without any degradation of the performance or quality of the affected Warranted Materials.affected