Common use of Vendor's Obligation to Cure Clause in Contracts

Vendor's Obligation to Cure. If in any such suit so defended, all or any part of the Equipment, Software, the System, any PCS System, any PCS Sub-System 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 at its sole cost, expense and option 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) subject to the terms of subsection 2.17 replace the same with noninfringing Equipment or Software that meets the Specifications; or (iii) modify said Equipment, Software, the System, any PCS System, any PCS Sub-System or any component thereof so as to be noninfringing, provided that the Equipment, Software, the System, any PCS System, any PCS Sub-System or any component thereof as modified meets all of the Specifications. In the event that the Vendor is not able 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 Product or feature, and the Owner will be under no obligation to return to the Vendor such infringing Product or feature regardless of whether, or by what means, the Owner, on its own or otherwise, subsequently cures such infringement.

Vendor's Obligation to Cure. If in any such suit so defended, all or --------------------------- any part of the Equipment, Software, the System, any PCS System, any PCS Sub-System 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 at its sole cost, expense and option 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) subject to the terms of subsection 2.17 replace the same with noninfringing Equipment or Software that meets the Specifications; or (iii) modify said Equipment, Software, the System, any PCS System, any PCS Sub-System or any component thereof so as to be noninfringing, provided that the Equipment, -------- ---- Software, the System, any PCS System, any PCS Sub-System or any component thereof as modified meets all of the Specifications. In the event that the Vendor is not able 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 Product or feature, and the Owner will be under no obligation to return to the Vendor such infringing Product or feature regardless of whether, or by what means, the Owner, on its own or otherwise, subsequently cures such infringement.