The Vendor's Obligation to Cure Sample Clauses

The Vendor's Obligation to Cure. If in any such suit so defended all or any part of the Products or the Software or any component thereof is held to constitute an infringement or violation of Intellectual Property Rights and its use is enjoined, or if in respect of any claim of infringement or violation the Vendor deems it advisable to do so, the Vendor will, within ninety (90) days, at its sole cost and expense take one or more of the following actions: (i) procure the right to continue the use of the same without interruption for the Owner; (ii) replace the infringing Product, Software or component with a noninfringing product, noninfringing Software or a non-infringing component, as applicable, that meets the Specifications; or (iii) modify said Product, Software or any component thereof so as to be noninfringing, provided that the Product, Software or any component thereof as modified meets all of the Specifications. In the event that the Vendor is not able, using best efforts, to cure the infringement pursuant to clause (i), (ii) or (iii) in the immediately preceding sentence, the Vendor will refund to the Owner the full purchase price paid by the Owner for such infringing Products that are returned to the Vendor by the Owner or otherwise at the Vendor's sole cost and expense; provided that the Vendor will have first refunded any such monies for such infringing Products to the Owner. The remedies under this subsection 7.2 will be the sole and exclusive remedies available to the Owner against the Vendor in the event of a claim against the Owner which is covered by subsection 7.1 above.
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Related to The Vendor's Obligation to Cure

  • Conditions to Seller’s Obligation to Close The obligation of the Seller to convey the Property to the Purchaser is subject to the satisfaction of the following conditions precedent on and as of the Closing Date:

  • FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE The obligation of the Investor hereunder to purchase Shares is subject to the satisfaction, on or before each Closing Date, of each of the following conditions set forth below.

  • CONDITIONS TO THE PURCHASER’S OBLIGATION TO CLOSE The obligation of the Purchaser to acquire the Property shall be subject to the satisfaction of the following conditions precedent on and as of the Closing Date:

  • Conditions To Seller's Obligation To Sell Seller's obligation to sell the Debentures is conditioned upon:

  • Conditions to Company’s Obligation to Sell The obligation of Company hereunder to issue and sell the Securities to Investor at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions:

  • Conditions to the Company’s Obligation to Close The obligation of the Company hereunder to consummate the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing Date, of each of the following conditions:

  • CONDITIONS TO THE INVESTOR’S OBLIGATION TO PURCHASE (a) The obligation of the Investor hereunder to purchase the Note at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Investor’s sole benefit and may be waived by the Investor at any time in its sole discretion by providing the Company with prior written notice thereof:

  • CONDITIONS PRECEDENT TO THE BUYER’S OBLIGATION TO PURCHASE The obligation of the Buyer hereunder to purchase the Note at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions, provided that these conditions are for the Buyer’s sole benefit and may be waived by the Buyer at any time in its sole discretion:

  • CONDITIONS PRECEDENT TO THE SELLER’S OBLIGATION TO CLOSE The Seller’s obligation to sell the Assets and to take the other actions required to be taken by the Seller at the Closing is subject to the satisfaction, at or prior to the Closing, of each of the following conditions (any of which may be waived by the Seller, in whole or in part, in writing):

  • Conditions to Each Party’s Obligation to Close The obligations of the Parties to consummate the transactions contemplated by this Agreement shall be subject to the satisfaction, at or prior to the Closing, of each of the following conditions:

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