Common use of Subscriber Obligations Clause in Contracts

Subscriber Obligations. The Subscriber must: (a) notify XXXX in writing as soon as reasonably practicable after it becomes aware of any claim under clause 13.1 of this Participation Agreement; (b) on leave being granted by a court, give XXXX the option to conduct the defence of such a claim, including negotiations for settlement or compromise prior to the institution of legal proceedings, provided that the Subscriber may direct XXXX in the conduct of the defence or settlement of any claim to the extent reasonably necessary: (i) to the extent reasonable, to protect the reputation of the Subscriber; and/or (ii) to ensure the Subscriber continuity of the use of the Services in accordance with the Participation Agreement; and/or (iii) to determine the amount of any settlement sum to be granted; (c) provide XXXX with reasonable assistance in conducting the defence of such a claim, subject to the Subscriber being reimbursed by XXXX for the costs of providing such assistance; (d) permit XXXX to modify, alter or substitute the infringing part of the Services, at its own expense, to render the Services non-infringing; and (e) authorise XXXX to negotiate and procure on behalf of the Subscriber a licence or other authority to enable the Subscriber to continue the use of the Services.

Subscriber Obligations. The Subscriber must: (a) notify XXXX in writing as soon as reasonably practicable after it becomes aware of any claim under clause 13.1 of this Participation Agreement; (b) on leave being granted by a court, give XXXX PEXA the option to conduct the defence of such a claim, including negotiations for settlement or compromise prior to the institution of legal proceedings, provided that the Subscriber may direct XXXX in the conduct of the defence or settlement of any claim to the extent reasonably necessary: (i) to the extent reasonable, to protect the reputation of the Subscriber; and/or (ii) to ensure the Subscriber continuity of the use of the Services in accordance with the Participation Agreement; and/or (iii) to determine the amount of any settlement sum to be granted; (c) provide XXXX PEXA with reasonable assistance in conducting the defence of such a claim, subject to the Subscriber being reimbursed by XXXX PEXA for the costs of providing such assistance; (d) permit XXXX PEXA to modify, alter or substitute the infringing part of the Services, at its own expense, to render the Services non-infringing; and (e) authorise XXXX PEXA to negotiate and procure on behalf of the Subscriber a licence or other authority to enable the Subscriber to continue the use of the Services.

Subscriber Obligations. The Subscriber must: (a) notify XXXX in writing as soon as reasonably practicable after it becomes aware of any claim under clause 13.1 of this Participation Agreement; (b) on leave being granted by a court, give XXXX PEXA the option to conduct the defence of such a claim, including negotiations for settlement or compromise prior to the institution of legal proceedings, provided that the Subscriber may direct XXXX PEXA in the conduct of the defence or settlement of any claim to the extent reasonably necessary: (i) to the extent reasonable, to protect the reputation of the Subscriber; and/or (ii) to ensure the Subscriber continuity of the use of the Services in accordance with the Participation Agreement; and/or (iii) to determine the amount of any settlement sum to be granted; (c) provide XXXX PEXA with reasonable assistance in conducting the defence of such a claim, subject to the Subscriber being reimbursed by XXXX PEXA for the costs of providing such assistance; (d) permit XXXX PEXA to modify, alter or substitute the infringing part of the Services, at its own expense, to render the Services non-infringing; and (e) authorise XXXX PEXA to negotiate and procure on behalf of the Subscriber a licence or other authority to enable the Subscriber to continue the use of the Services.