Common use of Anticipated Claims Clause in Contracts

Anticipated Claims. If a Third Party Claim based on Intellectual Property Rights is made or appears possible, as determined in TRITAN's sole discretion, TRITAN shall have the right to (a) modify or replace the Software, Documentation, or any component or part thereof, to make it non-infringing while retaining as closely as possible the original functionality, or (b) obtain the right for Client to continue to use such Software, Documentation, or any component or part thereof. If TRITAN determines that neither of these alternatives is reasonably available, TRITAN may terminate this Master Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Client.

Anticipated Claims. If a Third Party Claim based on Intellectual Property Rights is made or appears possible, as determined in TRITAN's sole discretion, TRITAN shall have the right to (a) modify or replace the Software, Documentation, or any component or part thereof, to make it non-infringing while retaining as closely as possible the original functionality, or (b) obtain the right for Client to continue to use such Software, Documentation, or any component or part thereof. If TRITAN determines that neither of these alternatives is reasonably available, TRITAN may terminate this Master Enterprise Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Client.

Anticipated Claims. If a Third Party Claim based on Intellectual Property Rights is made or appears possible, as determined in TRITAN's sole discretion, TRITAN shall have the right to (a) modify or replace the Software, Documentation, or any component or part thereof, to make it non-infringing while retaining as closely as possible the original functionality, or (b) obtain the right for Client to continue to use such Software, Documentation, or any component or part thereof. If TRITAN determines that neither of these alternatives is reasonably available, TRITAN may terminate this Master Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Client.