Infringing Services. If the use of any Services is enjoined (collectively, “Infringing Services”), Supplier shall at its expense procure the right for HP to continue using or receiving the Infringing Services. If Supplier is unable to do so, Supplier shall at its expense (and at Indemnitees’ option): (i) replace the Infringing Services with non-infringing Services of equivalent form, function and performance; or (ii) modify the Infringing Services to be non-infringing without detracting from form, function or performance; or (iii) if unable to replace or modify the Infringing Services, refund in full all monies paid by HP for the Infringing Services and pay all reasonable costs incurred by HP in replacing the Infringing Services.
Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its option terminate the affected Services or Service Components without liability other than as stated in Section 7.1 (AT&T’s Obligations).
Infringing Services. Whenever AT&T is liable under Section14.A (AT&T’s Obligations), AT&T may at its option either procure the right for the Member to continue using, or may replace or modify, the Service so that it is non-infringing.
Infringing Services. If the options described in the Agreement (Infringing Services) are not reasonably available, Seller may at its option terminate the affected Carrier Services or Service Components without liability other than as stated in the Agreement (Seller’s Obligations). In addition to these termination rights, if Seller or its suppliers determine that providing Carrier Services is not economically or technically feasible or because underlying facilities leased from third parties are no longer available due to legal/regulatory changes, Seller has the right to terminate Agreement either prior to installation or on 60 days’ notice after installation.
Infringing Services. Whenever Contractor is liable under §34, Contractor may at its option either procure the right for Purchasing Entity to continue using, or may replace or modify, the Service so that it is non‐infringing.
Infringing Services. If the options described in Section 14.C. (Infringing Services) are not reasonably available, Vendor may at its option terminate the affected Services or Service Components without liability other than as stated in Section 14.A. (AT&T’s Obligations). 080119-ATT
Infringing Services. Whenever AT&T is liable under Section 9.1, AT&T may at its option either procure the right for TAMUS to continue using, or may replace or modify, the Service so that it is non- infringing.
Infringing Services. Whenever INNOVATIVE NETWORKS LLC is liable under Section 7.1, INNOVATIVE NETWORKS LLC may at its option either procure the right for Customer to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes non-infringing.
Infringing Services. If neither of the options described in Section 7.3 (Infringing Services) are reasonably available, INNOVATIVE NETWORKS LLC may terminate the affected Service without liability other than as stated in Section 7.1 (INNOVATIVE NETWORKS LLC Obligations).
Infringing Services. If any Service becomes, or in K12 Insight’s opinion is likely to become, subject of a claim of infringement, K12 Insight will provide you with notice and the right to continue to use that Service or replace or modify the Service so it is no longer infringing. If neither of the foregoing is commercially and reasonably available to K12 Insight, you shall immediately stop using the Service and return all materials relating to the Service to K12 Insight, and, if applicable, K12 Insight will refund any pro-rated unused fees paid for the infringing Service based on the remaining contracted period under a SOF. K12 Insight shall have no obligation or liability hereunder for any claim resulting from: (a) modification of the Services by any party other than K12 Insight, (b) modification of the Service by K12 Insight in accordance with your designs, specifications, or instructions; (c) use other than as granted in this Agreement; (d) use of a superseded version of the Services if the infringement claim could have been avoided by using a current version available to you.
