Common use of Remedies for Injunction Clause in Contracts

Remedies for Injunction. If sale of the FreeStyle Products in ----------------------- the Territory is enjoined due to any third party claim that the FreeStyle Products or the trademark infringe the intellectual property rights of the third party, then TheraSense may at its option and expense, (i) procure a license for Nipro to continue selling FreeStyle Products, (ii) replace or modify the FreeStyle Products to render them non-infringing; or (iii) if it is not commercially reasonable to take the actions specified in items (i) and (ii), terminate this Agreement with *** written notice to Nipro and repurchase from Nipro the FreeStyle Products in Nipro's inventory as of the date of such termination at Nipro's fully landed cost of such FreeStyle Products; provided, however, that in such event, solely for purposes of Section 12.6.2, the date of termination shall be considered to be the date the injunction is effective (as such date may be extended by any stay or appeal of such injunction).