Infringing Work. If the Work furnished hereunder is in any action held to constitute an infringement and its use is enjoined, Developer will, in addition to its obligations under Section 10.1 and Section 10.2, immediately and at its expense either (a) procure for Company the right to continue use, sale, and marketing of the Work or (b) replace or modify the Work with a version of the Work that is non- infringing. If options (a) and (b) are not available to Developer, Developer will refund to Company all amounts paid to Developer by Company hereunder.
Appears in 3 contracts
Samples: Assignment Agreement, Mobile Application Development and Intellectual Property Assignment Agreement (Kange Corp), Mobile Application Development and Intellectual Property Assignment Agreement (Overtech Corp.)
Infringing Work. If the Work furnished hereunder is in any action held to constitute an infringement and its use is enjoined, Developer will, in addition to its obligations under Section 10.1 and Section 10.2, immediately and at its expense either (a) procure for Company Client the right to continue use, sale, and marketing of the Work or (b) replace or modify the Work with a version of the Work that is non- infringing. If options (a) and (b) are not available to Developer, Developer will refund to Company Client all amounts paid to Developer by Company Client hereunder.
Appears in 2 contracts
Samples: Mobile Application Development Agreement (Welsis Corp.), Mobile Application Development and Intellectual Property Assignment Agreement (Cyber App Solutions Corp.)
