Remedy for Infringement, Rights of ABI, Exceptions Clause Samples

Remedy for Infringement, Rights of ABI, Exceptions. If any Product or any portion thereof is subject to a suit or other legal proceeding claiming that the Product or such portion infringes a Third Party’s Intellectual Property Right that ABI indemnifies the Released Parties for under Section 11.4.1, or in ABI’s opinion is (are) likely to become subject of such a claim, ABI shall, at its option, have the right to either: (a) procure for the Released Party the right to continue using the Product or such portion; or (b) replace or modify the Product or such portion so that it becomes non-infringing; or (c) substitute for the infringing Product or such portion other suitable, non-infringing products. ABI shall have no liability or obligation hereunder for any infringement based upon: the use of Product in combination with any product not provided by ABI or intended for use with The symbol [***] is used to indicate that a portion of the exhibit has been omitted and filed separately with the commission. Confidential treatment has been requested with respect to the omitted portion. Product except as contemplated by this Agreement, or based upon any modification to Product made by the Released Party or its Affiliates or a Third Party except as contemplated by this Agreement, if such claim would not have occurred but for such combination or modification.