Mitigation by Entrust Sample Clauses

Mitigation by Entrust. If Entrust becomes aware of an actual or potential IP Claim, or if Customer provides Entrust with notice of an actual or potential IP Claim, Entrust may (or in the case of an injunction against Customer, shall), at Entrust’s sole option and expense: (i) procure for Customer the right to continue to use the affected portion of the Software, Hosted Service, or Hardware and Supplies; (ii) modify or replace the affected portion of the Software, Hosted Service, or Hardware and Supplies with functionally equivalent or superior software or products so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Agreement with respect to the affected Software, Hosted Service, or Hardware and Supplies and refund to the Customer, as applicable, either (A) any perpetual purchase price paid for the affected Software or Hardware and Supplies depreciated over a three (3) year period from the date of delivery on a straight line basis less any outstanding moneys owed on such affected portion of the Software or Hardware and Supplies; or (B) any prepaid and unused subscription fees for the affected Software, Hosted Service or Hardware and Supplies for the terminated portion of the applicable Offering Term.
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Mitigation by Entrust. If (i) Entrust becomes aware of an actual or potential IP Claim, or (ii) Customer provides Entrust with notice of an actual or potential IP Claim, Entrust may (or in the case of an injunction against Customer, shall), at Entrust’s sole option and expense: (i) procure for Customer the right to continue to use the affected portion of the Software, Hosted Service, or Hardware and Supplies; (ii) modify or replace the affected portion of the Software, Hosted Service, or Hardware and Supplies with functionally equivalent or superior software or products so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Agreement with respect to the affected Software, Hosted Service, or Hardware and Supplies and refund to the Customer, as applicable, either (A) any perpetual purchase price paid for the affected Software or Hardware and Supplies depreciated over a three (3) year period from the date of delivery on a straight line basis less any outstanding moneys owed on such affected portion of the Software or Hardware and Supplies; or (B) any prepaid and unused subscription fees for the affected Software, Hosted Service or Hardware and Supplies for the terminated portion of the applicable Offering Term.
Sample 1Sample 2
Mitigation by Entrust. If (i) Entrust becomes aware of an actual or potential Claim, or (ii) Customer provides Entrust with notice of an actual or potential Claim, Entrust may (or in the case of an injunction against Customer, shall), at Entrust's sole option and expense:
Sample 1
Mitigation by Entrust. If (i) Entrust becomes aware of an actual or potential Claim, or (ii) Customer provides Entrust with notice of an actual or potential Claim, Entrust may, at Entrust’s sole option and expense: (i) procure for Customer the right to continue to use the affected portion of the Software; (ii) modify or replace the affected portion of the Software with functionally equivalent or superior software so that Customer use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, take return of the affected portion of the Software and pay to Customer the cost of the affected portion of the Software depreciated over a three (3) year period from the date of acquisition on a straight line basis less any outstanding moneys owed on such affected portion of the Software.
Sample 1
Mitigation by Entrust. If (i) Entrust becomes aware of an actual or potential IP Claim, or (ii) Customer provides Entrust with notice of an actual or potential IP Claim, Entrust may (or in the case of an injunction against Customer, shall, at Entrust’s sole option and expense: (i) procure for Customer the right to continue to use the affected portion of the Entrust Technology; (ii) modify or replace the affected portion of the Entrust Technology with functionally equivalent or superior software so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Agreement with respect to the affected Entrust Technology and refund to the Customer, as applicable, either (a) any perpetual license fees paid for the affected Entrust Technology depreciated over a three
Sample 1
Mitigation by Entrust. If (i) Entrust is subject to (or is believes it may become subject to) an actual or potential Claim, or (ii) Customer (or Tenant) provides Entrust with notice of an actual or potential Claim, Entrust may, at its sole option: (i) procure for Customer the right to continue to use the affected portion of the Service; (ii) modify or replace the affected portion of the Service with functionally equivalent or superior software so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Customer’s license or access to the affected Service and refund to Customer any associated pre-paid subscription fees for the affected portion of the Service on a pro-rata basis.
Sample 1
Mitigation by Entrust. If (i) Entrust is subject to (or is believes it may become subject to) an actual or potential Claim, or (ii) MSP (Sub-MSP or Tenant) provides Entrust with notice of an actual or potential Claim, Entrust may, at its sole option: (i) procure for MSP the right to continue to use the affected portion of the Service; (ii) modify or replace the affected portion of the Service with functionally equivalent or superior software so that MSP’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the MSP’s license or access to the affected Service.
Sample 1
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Mitigation by Entrust. If (i) Entrust is subject to (or is believes it may become subject to) an actual or potential Claim, or (ii) Customer provides Entrust with notice of an actual or potential Claim, Entrust may, at its sole option: (i) procure for Customer the right to continue to use the affected portion of the Service; (ii) modify or replace the affected portion of the Service with functionally equivalent or superior software so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Customer’s license or access to the affected Service.
Sample 1
Mitigation by Entrust. If (a) Entrust becomes aware of an actual or potential Claim, or (b) Customer provides Entrust with notice of an actual or potential Claim, Entrust may (or in the case of an injunction against Customer, shall), at Entrust’s sole option and expense: (i) procure for Customer the right to continue to use the affected portion of the Certificate Services; (ii) modify or replace the affected portion of the Certificate Services with functionally equivalent or superior certificate services so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, revoke the affected Certificates and pay to Customer the prorated cost of the revoked Certificates, less any outstanding moneys owed on such Certificates.
Sample 1

Related to Mitigation by Entrust

  • Termination by Us We may terminate this Contract with 30 days’ written notice as follows:

  • TERMINATION BY MPS MPS further reserves the right to terminate this Contract at any time for any reason by giving Contractor written notice by Registered or Certified Mail of such termination. MPS will attempt to give Contractor 20 days’ notice, but reserves the right to give immediate notice. In the event of said termination, Contractor shall reduce its activities hereunder, as mutually agreed to, upon receipt of said notice. Upon said termination, Contractor shall be paid for all services rendered through the date of termination, including any retainage. This section also applies should the Milwaukee Board of School Directors fail to appropriate additional monies required for the completion of the Contract.

  • Termination by ICANN (a) ICANN may, upon notice to Registry Operator, terminate this Agreement if: (i) Registry Operator fails to cure (A) any fundamental and material breach of Registry Operator’s representations and warranties set forth in Article 1 or covenants set forth in Article 2, or (B) any breach of Registry Operator’s payment obligations set forth in Article 6 of this Agreement, each within thirty (30) calendar days after ICANN gives Registry Operator notice of such breach, which notice will include with specificity the details of the alleged breach, (ii) an arbitrator or court of competent jurisdiction has finally determined that Registry Operator is in fundamental and material breach of such covenant(s) or in breach of its payment obligations, and (iii) Registry Operator fails to comply with such determination and cure such breach within ten (10) calendar days or such other time period as may be determined by the arbitrator or court of competent jurisdiction.

  • Termination by Executive The Executive may terminate his employment hereunder at any time for any reason by giving the Company prior written notice not less than 30 days prior to such termination. Any termination pursuant to this paragraph 3(e) shall preclude a later claim that such termination was for Good Reason.

  • Termination by Either Party This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

  • Termination by City Notwithstanding any other term, provision or conditions of this Agreement, subject only to prior written notification to Licensee or its successor-in- interest, this Agreement is revocable by the City if:

  • Termination by University A. The University may terminate this contract if the student fails to fulfill financial obligations specified in this contract or if the student violates any of the terms of this contract or published University or University Housing policy. In such cases, the student will be charged a cancellation fee of 35% of the remainder of contract price plus prorate for the time occupied.

  • Termination by Company The Company is authorized to terminate this Fee Agreement at any time with respect to all or part of the Project upon providing the County with thirty (30) days’ written notice; provided, however, that (i) any monetary obligations existing hereunder and due and owing at the time of termination to a party hereto (including without limitation any amounts owed with respect to Section 4.03 hereof); and (ii) any provisions which are intended to survive termination shall survive such termination. In the year following such termination, all property shall be subject to ad valorem taxation or such other taxation or fee in lieu of taxation that would apply absent this Fee Agreement. The Company’s obligation to make FILOT Payments under this Fee Agreement shall terminate in the year following the year of such termination pursuant to this section.

  • Termination by You You may cancel your acceptance of this Contract by delivering notice to XOOM by way of mail, fax, e-mail or by personal delivery, in the following circumstances:

  • Termination by Parent This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time by Parent if:

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