Common use of Modification and Replacement Clause in Contracts

Modification and Replacement. Should FBL be prevented from using any Service and/or Deliverable in connection with any claim by a third party addressed by Subsection (a) above (titled Infringement Indemnity), Service Provider shall at its expense and option either, (i) modify the infringing Service and/or Deliverable without impairing in any material respect its functionality or performance, so that it is non-infringing, (ii) in the case of an infringement of third-party rights, procure for FBL the right to continue to use the Service and/or Deliverable, or (iii) replace the affected Service and/or Deliverable with equally suitable and functionally equivalent, non-infringing Service and/or Deliverable.