Common use of Alternative Remedy Clause in Contracts

Alternative Remedy. If a claim described in Section 12(a.) may be or has ------------------ been asserted, Customer will permit CSG, at CSG'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 (iii) accept the return of the Product and refund to Customer the amount of the fees actually paid to CSG and allocable for such Product, less amortization based on a 5-year straight-line authorization schedule and a pro rata share of any maintenance fees that Customer actually paid to CSG for the period that such Product was not usable.

Alternative Remedy. If a claim described in Section 12(a15(a.) may be or has ------------------ ------------------------ been asserted, Customer will permit CSG, at CSG's option and expense, to (i) procure the right to continue using the ProductProduct if reasonably practicable, (ii) replace or modify the Product to eliminate climinate the infringement while providing functionally equivalent performance and responsiveness or (iii) accept the return of the Product and refund to Customer the amount of the fees actually paid to CSG and allocable for such Product, less amortization based on a 5-year straight-line authorization amortization schedule and a pro rata share of any maintenance fees that Customer actually paid to CSG for the period that such Product was not usable.