Common use of By Lacework Clause in Contracts

By Lacework. Lacework will defend, indemnify, and hold Customer and its Affiliates harmless from and against any claims, damages, losses, liabilities, costs, and expenses (i) procure for Customer the right to continue using the Service; (ii) replace or modify the Service so that it becomes non-infringing and remains functionally equivalent; or (iii) if, despite its commercially reasonable efforts, Lacework is unable to do either (i) or (ii), Lacework will terminate the rights herein and pay to Customer a prorated refund of Fees pre-paid to Lacework for the Service for the remainder of the Subscription Term. This Section 11.2 states Lacework’s entire liability, and Customer’s sole and exclusive remedy, for infringement claims and actions.