Common use of Discontinued Use Clause in Contracts

Discontinued Use. If, despite Service Provider's commercially reasonable efforts to effect the alternatives set forth in Sections 17.2(a)-(c) above, the Parties determine that none of such alternatives are feasible, Service Provider may discontinue its use of such infringing or potentially infringing Materials, Equipment or Services; provided, however, neither such right or such discontinuation shall limit nor expand DIR's rights or Service Provider's obligations under the Agreement; nor shall such right or such discontinuation excuse any breach by Service Provider of its obligation to provide the Services and to provide the Services in a non-infringing manner.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Discontinued Use. If, despite Service Provider's commercially reasonable efforts to effect the alternatives set forth in Sections S ections 17.2(a)-(c) above, the Parties determine that none of such alternatives are feasible, Service Provider may discontinue its use of such infringing or potentially infringing Materials, Equipment or Services; provided, however, neither such right or such discontinuation shall limit nor expand DIR's rights or Service Provider's obligations under the Agreement; nor shall such right or such discontinuation excuse any breach by Service Provider of its obligation to provide the Services and to provide the Services in a non-infringing manner.

Appears in 1 contract

Samples: Master Services Agreement

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