Common use of RIGHT TO PERFORM SERVICES; NO INFRINGEMENT Clause in Contracts

RIGHT TO PERFORM SERVICES; NO INFRINGEMENT. SunGard warrants to Customer that it has the full legal right to use the System to provide the System Services in accordance with this Agreement, and that the System Services and Documentation, in the form delivered to Customer by SunGard and when properly used for the purpose and in the manner specifically authorized by this Agreement, do not infringe in any material respect upon any United States patent or copyright or any trade secret or other proprietary right of any person. SunGard shall reimburse Customer for any damages finally awarded against and paid by Customer to the extent attributable to a violation of the foregoing warranty. SunGard shall have no liability under this Section 6.2 unless Customer gives written notice to SunGard (in accordance with Section 9.1) within ten (10) days after any applicable -------------------------------------------------------------------------------- -6- Proprietary and Confidential infringement claim is initiated against Customer and allows SunGard to have sole control of the defense or settlement of the claim. If any applicable infringement claim is initiated, or in SunGard's sole opinion is likely to be initiated, against Customer or SunGard, then SunGard shall have the option, at its expense, to:

RIGHT TO PERFORM SERVICES; NO INFRINGEMENT. SunGard warrants to Customer that it has the full legal right to use the System to provide the System Services in accordance with this Agreement, and that the System Services and Documentation, in the form delivered to Customer by SunGard and when properly used for the purpose and in the manner specifically authorized by this Agreement, do not infringe in any material respect upon any United States patent or copyright or any trade secret or other proprietary right of any person. SunGard shall reimburse Customer for any damages finally awarded against and paid by Customer to the extent attributable to a violation of the foregoing warranty. SunGard shall have no liability under this Section 6.2 unless Customer gives written notice to SunGard (in accordance with Section 9.1) within ten (10) days after any applicable -------------------------------------------------------------------------------- -6- Proprietary and Confidential infringement claim is initiated against Customer and allows SunGard to have sole control of the defense or settlement of the claim. If any applicable infringement claim is initiated, or in SunGard's sole opinion is likely to be initiated, against Customer or SunGard, then SunGard shall have the option, at its expense, to:

RIGHT TO PERFORM SERVICES; NO INFRINGEMENT. SunGard warrants to Customer that it has the full legal right to use the System to provide the System Services in accordance with this Agreement, and that the System Services and SunGard Customer: Documentation, in the form delivered to Customer by SunGard and when properly used for the purpose and in the manner specifically authorized by this Agreement, do not infringe in any material respect upon any United States patent or copyright or any trade secret or other proprietary right of any person. SunGard shall reimburse Customer for any damages finally awarded against and paid by Customer to the extent attributable to a violation of the foregoing warranty. SunGard shall have no liability under this Section 6.2 unless Customer gives written notice to SunGard (in accordance with Section 9.1) within ten (10) days after any applicable -------------------------------------------------------------------------------- -6- Proprietary and Confidential infringement claim is initiated against Customer and allows SunGard to have sole control of the defense or settlement of the claim. If any applicable infringement claim is initiated, or in SunGard's sole opinion is likely to be initiated, against Customer or SunGard, then SunGard shall have the option, at its expense, to: