Common use of Removal of Injunctions Clause in Contracts

Removal of Injunctions. If Owner is enjoined from operation of the Project or any part thereof, or from the use, operation or enjoyment of the Project, the equipment, or any part thereof, as a result of any Intellectual Property Claim, legal action or litigation of the type described in Section 8.5(b), O&M Contractor shall promptly arrange, in each case at no cost to Owner, to have such injunction removed, or to substitute non-infringing equipment or processes with at least the same expected performance and lifetime of the infringing equipment, or to modify such infringing equipment or processes or the Project so it becomes non-infringing subject to maintaining the same expected performance and lifetime of such equipment, provided that Owner may, at its option and without thereby limiting any other right it may have hereunder or at law or in equity, require O&M Contractor to supply, temporarily or permanently, equipment not subject to such injunction and not infringing any Intellectual Property Right or to remove all such equipment and refund the cost thereof to Owner or to take such steps as may be necessary to ensure compliance by Owner with such injunction, all to the satisfaction of Owner and all without cost or expense to Owner.