Our Options. If a final injunction is, or we reasonably believe that it could be, obtained against your use of the Product, or if in our opinion the Product is likely to become the subject of a successful claim of infringement, we may, at our option and expense, (a) replace or modify the Product so that it becomes non-infringing (provided that the functionality is substantially equivalent), (b) obtain for you a license to continue to use the Product, or (c) if neither (a) nor (b) are reasonably practicable, terminate this XXXX on thirty (30) days’ notice and, if the Product was licensed to you on a Perpetual License or Term License basis, refund to you the license fee paid to us for the Product less an amount for depreciation determined on a straight-line five year (or actual term if shorter) depreciation basis with a commencement date as of the date of delivery of the Product, or if the Product was licensed to you on a Subscription License basis, refund to you the unused portion of the fees paid in advance to us for the then-current subscription period for the Product. THE INDEMNIFICATION PROVISIONS SET OUT IN THIS SECTION 1.10.1 STATE OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT OR ALLEGED INFRINGEMENT BY US OF ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS IN RESPECT OF THE PRODUCT OR ITS USE.
Our Options. Except for animals, we may throw away or give to a charitable organization all personal prop- erty that is:
Our Options a. We have the option to:
Our Options. Except for animals and property re- moved after the death of a sole resident, we may throw away or give to a charitable organization all personal property that is:
Our Options. We have the right to any salvage value, exchange credit or replaced hardware as a result of a Loss for which We have made payment.
Our Options. An “Overdraft” is any Transaction that causes your account to have a negative balance. If available funds are not on deposit at the time we review your balance after any check or transfer request is presented, we may, without prior notice, refuse payment or transfer and then return the check, or we may (but need not) pay the check or transfer. We need not review your account more than once in making this determination. In either case, an Overdraft fee or non- sufficient funds fees may be assessed. If we pay an Overdraft, you agree to immediately deposit sufficient funds to cover the Overdraft and related fee. Even if we have a history of paying Overdrafts for you, we may stop doing so at any time.
Our Options. If you do not pay any amount invoiced to you on or prior to the due date for payment, we may do one or more of the following, without prejudice to any of our other rights or remedies:
Our Options. If a final injunction is, or we reasonably believe that it could be, obtained against your use of the Service, or if in our opinion the Service is likely to become the subject of a successful claim of infringement, we may, at our option and expense, (a) replace or modify the Service so that it becomes non-infringing (provided that the functionality is substantially equivalent), (b) obtain for you a license to continue to use the Service, or (c) if neither (a) nor (b) are reasonably practicable, terminate this Agreement on thirty (30) days’ notice and refund to you the unused portion of the fees paid in advance to us for the then-current subscription period for the Service. THE INDEMNIFICATION PROVISIONS SET OUT IN SECTIONS 10.1-10.3 STATE OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT OR ALLEGED INFRINGEMENT BY US OF ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS IN RESPECT OF THE SERVICE OR ITS USE.
Our Options. If a final injunction is, or we reasonably believe that it could be, obtained against your use of the Product, or if in our opinion the Product is likely to become the subject of a successful claim of infringement, we may, at our option and expense, (a) replace or modify the Product so that it becomes non-infringing (provided that the functionality is substantially equivalent), (b) obtain for you a license to continue to use the Product, or (c) if neither (a) nor (b) are reasonably practicable, terminate this XXXX on thirty
Our Options. Administrator will pay the repair facility directly, or reimburse You for the repair or replacement of any part covered by the Agreement. Replacement parts utilized in covered repairs will be OEM new or remanufactured parts, unless unavailable; in which case We may use parts of like kind and quality.
