Common use of Claim of Infringement Clause in Contracts

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below, shall: 6.3.2.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 In the event Section 6.3.2.1 or 6.

Claim of Infringement. 6.3.2.1 In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below, shall: 6.3.2.1 6.3.2.2 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 6.3.2.3 obtain a license sufficient to allow such use to continue. 6.3.2.3 6.3.2.4 In the event Section 6.3.2.1 Sections 6.3.2.2 or 66.3.2.3 above are commercially unreasonable, then said Party may terminate, upon reasonable notice, this contract with respect to use of, or services provided through use of, the affected facilities or equipment (including software), but solely to the extent required to avoid the infringement claim.

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below, shall: 6.3.2.1 11.3.2.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 11.3.2.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 In the event Section 6.3.2.1 or 6.

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below, shall: 6.3.2.1 7.3.2.1. modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 7.3.2.2. obtain a license sufficient to allow such use to continue. 6.3.2.3 In the event Section 6.3.2.1 or 6.

Claim of Infringement. In the event that use of any facilities or --------------------- equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, Party shall promptly and at its sole expense and sole optionexpense, but subject to the limitations of liability set forth below, shall: 6.3.2.1 9.4.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 9.4.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 9.4.3 In the event Section 6.3.2.1 9.4.1 or 69.

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property Page 18 of 509 infringement, then said Party, Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below, shall: 6.3.2.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 In the event Section 6.3.2.1 or 6.

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, Party shall promptly and at its sole expense and sole optionexpense, but subject to the limitations of liability set forth below, shall: 6.3.2.1 8.4.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 8.4.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 In the event Section 6.3.2.1 or 6.

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, Party shall promptly and at its sole expense and sole optionexpense, but subject to the limitations of liability set forth below, shall: 6.3.2.1 9.4.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 9.4.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 9.4.3 In the event Section 6.3.2.1 9.4.1 or 69.

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, Party shall promptly and at its sole expense and sole optionexpense, but subject to the limitations of liability set forth below, shall: 6.3.2.1 7.4.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, such that any infringement is cured, or 6.3.2.2 7.4.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 In the event Section 6.3.2.1 or 6.

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment judgement of the Party who owns the affected network is likely to become, the subject suject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, Party shall promptly and at its sole expense and sole optionexpense, but subject to the limitations of liability set forth below, shall:. 6.3.2.1 9.4.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 9.4.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 9.4.3 In the event Section 6.3.2.1 9.4.1 or 69.

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below, shall: 6.3.2.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 In the event Section 6.3.2.1 or 6.

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below, shall: 6.3.2.1 10.4.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 10.4.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 10.4.3 In the event Section 6.3.2.1 10.4.1 or 610.

Claim of Infringement. In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party, Party shall promptly and at its sole expense and sole optionexpense, but subject to the limitations of liability set forth below, shall: 6.3.2.1 10.3.2.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 6.3.2.2 10.3.2.2 obtain a license sufficient to allow such use to continue. 6.3.2.3 10.3.2.3 In the event Section 6.3.2.1 10.3.2.1 or 610.