Replacement or Modification Sample Clauses

Replacement or Modification. Should the use of any Services or portion thereof be enjoined or threatened to be enjoined or determined to be infringing any third party intellectual property right, Convercent will notify Customer and, at Convercent’s expense: (a) procure for Customer the right to continue use of the Services as contemplated under this Agreement or (b) replace or modify the Services to be non-infringing; provided that if (a) or (b) are not available to or economically feasible for Convercent, then Convercent will have the right to terminate each affected Order Form.
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Replacement or Modification. Should the use of any Services or portion thereof be enjoined or threatened to be enjoined or determined to be infringing any third party intellectual property right, Convercent will notify Customer and, at Convercent's expense Convercent may: (a) procure for Customer the right to continue use of the Services as contemplated under this Agreement, (b) replace or modify the Services to be non-infringing, or (c) if "(a)" or "(b)" are not economically feasible for Convercent, then Convercent will have the right to terminate the obligations with regards to such Services.
Replacement or Modification. In the event that the Services (or any part thereof) infringes the Intellectual Property Rights of a third party, Supplier may (at its sole discretion and expense):
Replacement or Modification. Should the use or provision of any Offerings or portion thereof be enjoined or threatened to be enjoined or determined by Unsupervised to be infringing any third party intellectual property right, Unsupervised will notify Customer and, at Unsupervised’s expense Unsupervised may: (a) procure for Customer the right to continue use of the Offerings as contemplated under this Agreement, (b) replace or modify the Offerings to be non-infringing while maintaining substantially the same features and functionality, or (c) if “(a)” or “(b)” are not economically feasible for Unsupervised, then Unsupervised will have the right to terminate the obligations with regards to such Offerings.
Replacement or Modification. If a court of competent jurisdiction enters a valid order enjoining School District from using the Programs, the Vendor, at its own expense, shall (i) provide replacement or modified Programs that have the same or better functionality as the infringing Programs or (ii) obtain a license for School District to continue to use the Programs.
Replacement or Modification. In the event of a Claim, Supplier may (at its sole discretion and expense):
Replacement or Modification. | In the defence or settlement of any claim, or should the Subscription Service become or in Cutover’s opinion be likely to become the subject of an infringement claim, Cutover may (at its option) eliminate such infringement by procuring the right for Customer to continue using the Subscription Service (or relevant part thereof), replace or modify the Subscription Service so that it becomes non-infringing or, if such remedies are not reasonably available, terminate this Agreement on ten (10) days’ written notice to Customer and provide a pro-rata refund of all prepaid but unused Charges (but without any additional liability or obligation to pay liquidated damages or other additional costs to Customer).
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Replacement or Modification. In the event of an IP Claim, Supplier may (at its sole discretion and expense)
Replacement or Modification. In the event of a Claim that the Services beach the Intellectual Property Rights of any third party, Stacksi will (at its discretion and sole expense) modify the Service so that it ceases to be infringing; replace any infringing software or component part of the Service with non-infringing software or a non-infringing component part; Stacksi will (at its sole expense) procure for Customer the right to continue to use the infringing Services (or any component part thereof); or refund any unused prepaid fees on a pro-rata basis and terminate this Agreement without further liability.

Related to Replacement or Modification

  • Amendment or Modification This Agreement may be amended or modified from time to time only by a written instrument that is executed by the Member.

  • Waiver or Modification Any waiver, modification, or amendment of any provision of this Agreement shall be effective only if in writing in a document that specifically refers to this Agreement and such document is signed by the parties hereto.

  • MODIFICATION OF THE CONTRACT 1. Any modification of this contract or its annexes, including additions or deletions, shall require a supplementary written agreement concluded on the same terms as the contract. No oral agreement may bind the parties for that purpose.

  • Modification This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assignees.

  • Waiver; Modification Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of, or failure to insist upon strict compliance with, any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. This Agreement shall not be modified in any respect except by a writing executed by each party hereto.

  • Minor Modifications A. The following may be administratively authorized as minor modifications to this Agreement:

  • Modification of Agreement This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

  • Renegotiation or Modification The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes to this Agreement necessary. In addition to changes necessitated by law, DEO may at any time, with written notice to Grantee, make changes within the general scope of this Agreement. Such changes may include modification of the requirements, changes to processing procedures, or other changes as decided by DEO. Any investigation necessary to determine the impact of the change shall be the responsibility of Grantee. Modifications of provisions of this Agreement shall only be valid when they have been reduced to writing and duly signed and dated by all Parties.

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