Common use of Infringement Cure Clause in Contracts

Infringement Cure. If a material component of the Product is finally held or believed by the indemnifying party to infringe or its distribution is enjoined, the indemnifying party will use reasonable efforts to obtain a license or grant of rights under the rights that have been infringed, modify the Product so it is non-infringing or provide a substitute Product or component thereof that is non-infringing, or if the foregoing are not commercially reasonable or the indemnifying party fails to so cure the problems, either party may terminate the license and distribution rights for the infringing Product upon written notice to the other party. Neither party shall be liable for infringement based on modification of the Product by any other party (excluding such party’s own Affiliates or agents), or the combination or use of the Product with any other product, equipment, or process not furnished by such party, if use of the Product alone and in its unmodified form would not have been an infringement.

Infringement Cure. If a material component of the Product is finally held or believed by the indemnifying party Party to infringe or its distribution is enjoined, the indemnifying party Party will use reasonable efforts to obtain a license or grant of rights under the rights that have been infringed, modify the Product so it is non-infringing or provide a substitute Product or component thereof that is non-infringing, or if the foregoing are not commercially reasonable or the indemnifying party Party fails to so cure the problems, either party Party may terminate the license and distribution rights for the infringing Product upon written notice to the other partyParty. Neither party Party shall be liable for infringement based on modification of the Product by any other party Party (excluding such partyParty’s own Affiliates or agents), or the combination or use of the Product with any other product, equipment, or process not furnished by such partyParty, if use of the Product alone and in its unmodified form would not have been an infringement.

Infringement Cure. If a material component of the Product is finally held or believed by the indemnifying party Party to infringe or its distribution is enjoined, the indemnifying party Party will use reasonable efforts to obtain a license or grant of rights under the rights that have been infringed, modify the Product so it is non-infringing or provide a substitute Product or component thereof that is non-infringing, or if the foregoing are not commercially reasonable or the indemnifying party Party fails to so cure the problems, either party Party may terminate the license and distribution rights for the infringing Product upon written notice to the other partyParty. Neither party Party shall be liable for infringement based on modification of the Product by any other party Party (excluding such partyParty’s own Affiliates or agents), or the combination or use of the Product with any other product, equipment, or process not furnished by such partyParty, if use of the Product alone and in its unmodified form would not have been an infringement.. Medizone International – GYD S.A. Distribution Agreement

Infringement Cure. If a material component of the Product is finally held or believed by the indemnifying party Party to infringe or its distribution is enjoined, the indemnifying party Party will use reasonable efforts to obtain a license or grant of rights under the rights that have been infringed, modify the Product so it is non-infringing or provide a substitute Product or component thereof that is non-infringing, or if the foregoing are not commercially reasonable or the indemnifying party Party fails to so cure the problems, either party Party may terminate the license and distribution rights for the infringing Product upon written notice to the other partyParty. Neither party Party shall be liable for infringement based on modification of the Product by any other party Party (excluding such partyParty’s own Affiliates or agents), or the combination or use of the Product with any other product, equipment, or process Page 25 of 30 not furnished by such partyParty, if use of the Product alone and in its unmodified form would not have been an infringement.