Common use of Security Incident Clause in Contracts

Security Incident. If a claim of infringement is made, Supplier will, at its own expense, exercise the first of the following remedies that is practicable: (i) obtain for Buyer the rights granted under this PO; (ii) modify the product so it is non-infringing and in compliance with this PO; (iii) replace the product with non-infringing ones that comply with this PO; or (iv) accept the return or cancellation of the infringing product and refund any amount paid. Limitation of liability: To the extent permitted by local law, in no event will Buyer or its affiliates be liable for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages. In no event shall Buyer’s liability to Supplier exceed the total amount of fees actually paid by Xxxxx to Supplier hereunder.

Appears in 43 contracts

Samples: Agreement, www.kyndryl.com, www.kyndryl.com

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Security Incident. If a claim of infringement is made, Supplier will, at its own expense, exercise the first of the following remedies that is practicable: (i) obtain for Buyer the rights granted under this PO; (ii) modify the product so it is non-infringing and in compliance with this PO; (iii) replace the product with non-infringing ones that comply with this PO; or (iv) accept the return or cancellation of the infringing product and refund any amount paid. Limitation of liability: To the extent permitted by local law, in no event will Buyer or its affiliates be liable for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages. In no event shall Buyer’s liability to Supplier exceed the total amount of fees actually paid by Xxxxx Buyer to Supplier hereunder.

Appears in 10 contracts

Samples: Agreement, Agreement, tgcs04.toshibacommerce.com

Security Incident. If a claim of infringement is made, Supplier will, at its own expense, exercise the first of the following remedies that is practicable: (i) obtain for Buyer the rights granted under this PO; (ii) modify the product so it is non-infringing and in compliance with this PO; (iii) replace the product with non-non- infringing ones that comply with this PO; or (iv) accept the return or cancellation of the infringing product and refund any amount paid. Limitation of liability: To the extent permitted by local law, in no event will Buyer or its affiliates be liable for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages. In no event shall Buyer’s liability to Supplier exceed the total amount of fees actually paid by Xxxxx to Supplier hereunder.

Appears in 2 contracts

Samples: www.kyndryl.com, www-03.ibm.com

Security Incident. If a claim of infringement is made, Supplier will, at its own expense, exercise the first of the following remedies that is practicable: (i) obtain for Buyer the rights granted under this PO; (ii) modify the product so it is non-infringing and in compliance with this PO; (iii) replace the product with non-infringing ones that comply with this PO; or (iv) accept the return or cancellation of the infringing product and refund any amount paid. Limitation of liability: To the extent permitted by local law, in no event will Buyer or its affiliates be liable for any lost revenues, lost profits, goodwill, or anticipated savings,incidental, indirect, consequential, special (including nominal and exemplary damages), moral or punitive damages. In no event shall Buyer’s liability to Supplier exceed the total amount of fees actually paid by Xxxxx to Supplier hereunder.

Appears in 1 contract

Samples: www-03.ibm.com

Security Incident. If a claim of infringement is made, Supplier will, at its own expense, exercise the first of the following remedies that is practicable: (i) obtain for Buyer the rights granted under this PO; (ii) modify the product so it is non-infringing and in compliance with this PO; (iii) replace the product with non-infringing ones that comply with this PO; or (iv) accept the return or cancellation of the infringing product and refund any amount paid. Limitation of liability: To the extent permitted by local lawarticle 1229 of the Civil Code, in no event will Buyer or its affiliates be liable for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages. In no event shall Buyer’s liability to Supplier exceed the total amount of fees actually paid by Xxxxx to Supplier hereunder.

Appears in 1 contract

Samples: www.kyndryl.com

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Security Incident. If a claim of infringement is made, Supplier will, at its own expense, exercise the first of the following remedies that is practicable: (i) obtain for Buyer the rights granted under this PO; (ii) modify the product so it is non-infringing and in compliance with this PO; (iii) replace the product with non-infringing ones that comply with this PO; or (iv) accept the return or cancellation of the infringing product and refund any amount paid. Limitation of liability: To the extent permitted by local law, in no event will Buyer or its affiliates be liable for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages. In no event shall Buyer’s liability to Supplier exceed the total amount of fees actually actually, paid by Xxxxx to Supplier hereunder.

Appears in 1 contract

Samples: www.kyndryl.com

Security Incident. If a claim of infringement is made, Supplier will, at its own expense, exercise the first of the following remedies that is practicable: (i) obtain for Buyer the rights granted under this PO; (ii) modify the product so it is non-non- infringing and in compliance with this PO; (iii) replace the product with non-infringing ones that comply with this PO; or (iv) accept the return or cancellation of the infringing product and refund any amount paid. Limitation of liability: To the extent permitted by local law, in no event will Buyer or its affiliates be liable for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages. In no event shall Buyer’s liability to Supplier exceed the total amount of fees actually paid by Xxxxx Buyer to Supplier hereunder.

Appears in 1 contract

Samples: www-03.ibm.com

Security Incident. If a claim of infringement is made, Supplier will, at its own expense, exercise the first of the following remedies that is practicable: (i) obtain for Buyer the rights granted under this PO; (ii) modify the product so it is non-non- infringing and in compliance with this PO; (iii) replace the product with non-infringing ones that comply with this PO; or (iv) accept the return or cancellation of the infringing product and refund any amount paid. Limitation of liability: To the extent permitted by local law, in no event will Buyer or its affiliates be liable for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages. In no event shall Buyer’s liability to Supplier exceed the total amount of fees actually paid by Xxxxx to Supplier hereunder.

Appears in 1 contract

Samples: www.kyndryl.com

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