Common use of Injunctive Actions Clause in Contracts

Injunctive Actions. If during the course of any IP Claim that SMART is required to indemnify WATCHGUARD hereunder the use or sale of the Product is finally enjoined, SMART shall, at SMART's option and expense, use commercially reasonable efforts to do one of the following (in addition to its obligations under Section 7.1 herein): (i) procure for WATCHGUARD the right to use or sell, as applicable, the Product, (ii) replace the Product or the affected part thereof with equivalent non-infringing technology, (iii) modify the Product or the affected part thereof to make it non-infringing but equivalent, or (iv) within thirty (30) calendar days of SMART's receipt of said Product, refund to WATCHGUARD an amount equal to the price paid by WATCHGUARD for said Product less any prior discounts or credits granted to WATCHGUARD and less an allowance for use and obsolescence (computed by amortizing WATCHGUARD's purchase price for said Product evenly over a five (5) year period commencing upon the shipping date from SMART to WATCHGUARD of said Product) and damage, if any.