Common use of Continued Use Clause in Contracts

Continued Use. Following notice of a claim or demand or a threatened or actual suit, the Contractor shall immediately, at its own expense, procure for the Manufacturer the right to continue the use of the products subject to such claim, demand or suit, or, having failed to obtain such rights, replace or modify such products to make them non-infringing, or, having failed to replace or modify the products, refund to the Manufacturer the purchase price of all unsold products. If the Manufacturer elects to replace or modify any of the products, such replacement or modification shall substantially meet the performance and interface specifications of the replaced or modified products.