Common use of Replacement of Infringing Technology Clause in Contracts

Replacement of Infringing Technology. If any technology furnished under this Agreement, including, without limitation, software, services, system design, equipment or documentation, becomes, or in Planet Payment’s reasonable opinion is likely to become, the subject of any claim, suit, or proceeding arising from or alleging infringement of, or in the event of any adjudication that such technology infringes on any copyright or trade secret of a third party, Planet Payment, at its own expense may take either of the following actions: (i) use commercially reasonable efforts to secure for Acquirer, the right to continue using the technology; or (ii), replace or modify the technology to make it non-infringing.