Prevention of Infringement. In the event that Licensee receives notice of possible infringement by any Licensee Content, Licensee Features and Licensee Data or other technology or content provided or licensed to OpenTV by Licensee, or believes in its reasonable judgment that such Licensee Content, Licensee Features, Licensee Data or other technology or content provided or licensed to OpenTV by Licensee are likely to become the subject of any such claim of infringement, then Licensee, at Licensee’s option and expense, shall as soon as reasonably possible either (a) procure for OpenTV the right to continue using the allegedly infringing Licensee Content, Licensee Features, or other technology or content licensed to OpenTV by Licensee or (b) replace or modify the allegedly infringing Licensee Content, Licensee Features, or other technology or content licensed to OpenTV by Licensee, while retaining comparable functionality and performance, so that it is not infringing. Upon notice by Licensee to OpenTV of such belief of such infringement or misappropriation, or such injunction, OpenTV will discontinue such use until such time that Licensee has taken one of the steps set forth in the preceding sentence. 10.3 Exclusive Remedy. THIS SECTION 10 SETS FORTH THE EXCLUSIVE REMEDY OF OPENTV AGAINST LICENSEE WITH RESPECT TO ANY THIRD PARTY ACTION OR CLAIM BROUGHT AGAINST OPENTV OR ITS AFFILIATES OF ALLEGED OR ACTUAL INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT OWNED BY A THIRD PARTY ARISING FROM OR BY VIRTUE OF THE LICENSEE CONTENT, THE LICENSEE FEATURES, LICENSEE DATA AND/OR OTHER TECHNOLOGY OR CONTENT PROVIDED OR LICENSED TO OPENTV BY LICENSEE UNDER THIS AGREEMENT. 11.
Prevention of Infringement. If for any reason the Facility or any component of the Facility becomes, or in Arronax's opinion is likely to become, the subject of a claim of infringement, Arronax reserves the right to, at its option and expense, either
Prevention of Infringement. If for any reason the Facility or any component of the Facility becomes, or in the Bank's opinion is likely to become, the subject of a claim of infringement, the Bank reserves the right to, at its option and expense, either (i) to revoke the right of the Merchant to continue using the Facility as permitted in this Agreement, or (ii) to replace or modify Facility or the infringing component of the Facility so that it becomes non- infringing. If, after using commercially reasonable efforts, the Bank is unable to cure the infringement, any of the Parties may terminate this Agreement on written notice to the other Party.
Prevention of Infringement. If CyberCash Service or any component of a CyberCash Service becomes, or in option of CyberCash is likely to become, the subject of a claim of infringement, then Licensee shall permit CyberCash, at its option and expense, either (i) to procure for Licensee the right to continue using the SDK as permitted in this Agreement, or (ii) to replace or modify the affected CyberCash Service or the infringing component of such service so that it becomes noninfringing. If, after using commercially reasonable efforts, CyberCash is unable to cure the infringement, either party may terminate this Agreement upon notice to the other.
Prevention of Infringement. If the service or any component of the service becomes or in SBlePay's opinion is likely to become the subject of a claim of infringement, then Agencies shall permit SBlePay, at its option and expense, either (i) to procure for Agencies the right to continue using the service as permitted in this Agreement, or (ii) to replace or modify service or the infringing component of the service so that it becomes non-infringing. If, after using commercially reasonable efforts, SBlePay is unable to cure the infringement, either party may terminate this Agreement upon notice to the other.
Prevention of Infringement. (1)Any person with the standing to bring action for counterfeiting may make an urgent application to the competent domestic court seeking, if necessary under financial compulsion, an order against the alleged counterfeiter or the intermediaries whose services he uses, for the purpose of instituting any measure intended to prevent an imminent infringement of the rights conferred by the certificate or to prevent the continuation of the alleged counterfeiting.
Prevention of Infringement i. If for any reason the Facility or any component of the Facility becomes, or in Xxxxxxx's opinion is likely to become, the subject of a claim of infringement, Camirel reserves the right to, at its sole discretion, either
Prevention of Infringement. If for any reason the Facility or any component of the Facility becomes, or in the Bank's and Worldline’s opinion is likely to become, the subject of a claim of infringement, the Bank and Worldline reserves the right to, at its option and expense, either (i) to revoke the right of the Merchant to continue using the Facility as permitted in this Agreement, or
Prevention of Infringement. If Unique determines, in the absence of any notice, that the Licensed Technology infringes the claims of the patent or other proprietary rights of third parties, then Unique has the right and will use its best efforts to avoid such possible infringement by attempting to alter the Licensed Motors or Licensed Technology to render them non-infringing. Should Invacare or Unique receive any notice of an alleged infringement on the claims or proprietary rights of third parties, then Invacare and Unique shall meet to discuss the response to such notice. Invacare shall cooperate with and assist Unique with respect to any such response but shall have no obligation to participate in the defense against any claim or suit brought by such third parties. Should any Licensed Patent be declared in whole or in part invalid, unless specifically declared exempt as a Licensed Patent in writing and signed by both parties, then Invacare's royalty under Section 2.3 shall be reduced by 50%.
Prevention of Infringement. In the event that Licensee receives notice of possible infringement by any Licensee Content, Licensee Features and Licensee Data or other technology or content provided or licensed to OpenTV by Licensee, or believes in its reasonable judgment that such Licensee Content, Licensee Features, Licensee Data or other technology or content provided or licensed to OpenTV by Licensee are likely to become the subject of any such claim of infringement, then Licensee, at Licensee’s option and expense, shall as soon as reasonably possible either (a) procure for OpenTV the right to continue using the allegedly infringing Licensee Content, Licensee Features, or other technology or content licensed to OpenTV by Licensee or (b) replace or modify the allegedly infringing Licensee Content, Licensee Features, or other technology or content licensed to OpenTV by Licensee, while retaining comparable functionality and performance, so that it is not infringing. Upon notice by Licensee to OpenTV of such belief of such infringement or misappropriation, or such injunction, OpenTV will discontinue such use until such time that Licensee has taken one of the steps set forth in the preceding sentence.
