Common use of Subsequent performance Clause in Contracts

Subsequent performance. In the event of defects in title, or should third party industrial property rights have been infringed, OT shall indemnify Customer against any legitimate third party claims in the limits of Section 8 below and shall, at its choice, either: - procure for Customer the right to continued use of the Work Product; or - exchange the relevant Work Product/relevant part of the Work Product, provided Customer may reasonably be expected to tolerate same; or - modify the relevant Work Product /the relevant part of the Work Product to the extent that Customer may reasonably be expected to tolerate same such that there is no longer any infringement of intellectual property rights.

Appears in 3 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

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Subsequent performance. In the event of defects in title, or should third party industrial property rights have been infringed, OT shall indemnify Customer against any legitimate third party claims in the limits of Section 8 below and shall, at its choice, either: - procure for Customer the right to continued use of the Work Product; or - exchange the relevant Work Product/relevant part of the Work Product, provided Customer may reasonably be expected to tolerate same; or - modify the relevant Work Product /the relevant part of the Work Product to the extent that Customer may reasonably be expected to tolerate same such that there is no longer any infringement of intellectual property rights.

Appears in 1 contract

Samples: Professional Services Agreement

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Subsequent performance. In the event of defects in title, or should third party industrial property rights have been infringed, OT shall indemnify Customer against any legitimate third party claims in the limits of Section 8 below and shall, at its choice, either: - procure for Customer the right to continued use of the Work Product; or - exchange the relevant Work Product/relevant part of the Work Product, provided Customer may reasonably be expected to tolerate same; or - modify the relevant Work Product /the relevant part of the Work Product to the extent that Customer may reasonably be expected to tolerate same such that there is no longer any infringement of intellectual property rights.

Appears in 1 contract

Samples: Open Text Professional Services Agreement

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