Common use of Alternative Remedy Clause in Contracts

Alternative Remedy. If a claim described in Section 8(a) may be or has been asserted, Customer will permit SNAP2, at SNAP2's option and expense, to (i) procure the right to continue using the Product, (ii) replace or modify the Product to eliminate the infringement while providing functionally equivalent performance or only if the remedies specified in (i) and (ii) are unavailable to SNAP2 on commercially reasonable terms, (iii) accept the return of the Product and refund to Customer the amount actually paid to SNAP2 for such Product, less depreciation based on a 5-year straight-line depreciation schedule and a pro rata share of any maintenance fees that Customer actually paid to SNAP2 for the period that such Product was not usable.

Alternative Remedy. If a claim described in Section 8(a) may be or has been asserted, Customer will permit SNAP2, at SNAP2's option and expense, to (i) procure the right to continue using the Product, (ii) within a reasonable timeframe replace or modify the Product to eliminate the infringement while providing functionally equivalent performance or only if the remedies specified in (i) and (ii) are unavailable to SNAP2 on commercially reasonable terms, (iii) accept the return of the Product and refund to Customer the amount actually paid to SNAP2 for such Product, less depreciation based on a 5-year straight-line depreciation schedule and a pro rata share of any maintenance fees that Customer actually paid to SNAP2 for the period that such Product was not usable.

Alternative Remedy. If a claim described in Section 8(a) may be or has been asserted, Customer will permit SNAP2, at SNAP2's option and expense, to (i) procure the right to continue using the Product, (ii) replace or modify the Product to eliminate the infringement while providing functionally equivalent performance or only (iii) if SNAP2 determines that the remedies specified in (i) and (ii) are unavailable to SNAP2 on commercially reasonable terms, (iii) accept the return of the Product and refund to Customer the amount actually paid to SNAP2 for such Product, less depreciation based on a 5-year straight-line depreciation schedule and a pro rata share of any maintenance fees that Customer actually paid to SNAP2 for the period that such Product was not usable.