Common use of ELECTION BY LOGITECH OF ALTERNATIVE REMEDY Clause in Contracts

ELECTION BY LOGITECH OF ALTERNATIVE REMEDY. Notwithstanding the foregoing provisions, in any instance in which Immersion is prepared and capable of supplying to Logitech modified or substitute technology to avoid infringement of an After-Issued Patent, Logitech may, within a reasonable time after receiving Immersion's written description and cost estimate of Immersion's proposed redesign, elect either (i) to request, in writing, that Immersion pursue a license under the After-Issued Patents on behalf of Logitech to continue using the affected Immersion Product Model Technology, in which event if such license would cost Immersion more than the cost estimate provided by Immersion to Logitech, under the terms of (a) above, to supply modified or substitute technology to avoid infringement, then Logitech shall pay the difference between such costs, or (ii) to request, in writing, that Logitech be allowed to continue to use the Immersion Product Model Technology in unaltered form, in which event Immersion shall have no obligations of indemnity or defense hereunder with respect to any infringement of the After-Issued Patents resulting from units of Planar Force Feedback Cursor Control Devices incorporating the unaltered Immersion Product Model Technology used or distributed by Logitech after the Notice Date. If Immersion pursues the license described in (i) above, and is unable to procure such a license, Immersion will not be in breach of this Agreement.

ELECTION BY LOGITECH OF ALTERNATIVE REMEDY. Notwithstanding the foregoing provisions, in any instance in which Immersion is prepared and capable of supplying to Logitech modified or substitute technology to avoid infringement of an After-Issued Patent, Logitech may, within a reasonable time after receiving Immersion's written description and cost estimate of Immersion's proposed redesign, elect either (i) to request, in writing, that Immersion pursue a license under the After-Issued Patents on behalf of Logitech to continue using the affected Immersion Product Model Technology, in which event if such license would cost Immersion more than the cost estimate provided by Immersion to Logitech, under the terms of (a) above, to supply modified or substitute technology to avoid infringement, then Logitech shall pay the difference between such costs, or (ii) to request, in writing, that Logitech be allowed to continue to use the Immersion Product Model Technology in unaltered form, in which event Immersion shall have no obligations of indemnity or defense hereunder with respect to any infringement of the After-Issued Patents resulting from units copies of Planar Force Feedback Cursor Control Gaming Devices incorporating the unaltered Immersion Product Model Technology used or distributed by Logitech after the Notice Date. If Immersion pursues the license described in (i) above, and is unable to procure such a license, Immersion will not be in breach of this Agreement.