Replacement of Materials. (1) If any BNY Mellon IP used to provide the Services is found by a court of competent jurisdiction to infringe (or BNY Mellon believes that it will infringe, including via settlement or license) any IP rights of any third party and such infringement affects the receipt of Services by Voya and, provided that such infringement was not the result of any Unpermitted Use, then BNY Mellon shall, at BNY Mellon’s option, either: (a) procure for Voya the right to continue using or receiving the applicable BNY Mellon IP; or (b) replace or modify the applicable BNY Mellon IP to be non-infringing without (i) degradation or loss of functionality; (ii) imposing any material or adverse (to Voya) change to the manner in which Voya receives the Services, or (iii) causing Voya to incur any additional costs or expenses. Any additional costs associated with implementing any of the above shall be borne by BNY Mellon. To the extent BNY Mellon cannot accomplish clause (a) or (b) through commercially reasonable efforts, Voya may terminate the applicable Services that rely, directly or indirectly, on such BNY Mellon IP.
Replacement of Materials. The Board will replace employees' personal professional materials lost through theft, fire or damage while on School Board property, to a maximum of $500 provided that:
Replacement of Materials. In the event any item within the City Library Collections is lost or damaged beyond repair while being borrowed by a University User or any item within the University Library Collections is lost or damaged beyond repair while being borrowed by a Member of the General Public, such borrower shall be responsible for paying any fine or cost imposed by such Party whose item was lost or damaged. In the event either Party experiences repeated instances in which a borrower of the other Party fails to pay the foregoing fine or cost imposed by such Party whose item was lost or damaged and such failure causes undue loss from the collections of the affected Party, the Parties shall seek a mutually acceptable procedure in which the Party whose borrower lost or damaged such item shall pay to the other Party the fine or cost imposed.
Replacement of Materials. 1. If it is necessary for the Contractor to replace any materials, parts or components under this Service Agreement and LAWA is responsible for the cost, the Contractor shall first submit to LAWA, for approval, the name of the item, identifying number and quantity required, name of the proposed supplier and the proposed cost, and the amount that the Contractor intends to xxxx LAWA. LAWA’s written approval is required before the purchase of any parts, components or material shall commence unless, if in the Contractor’s opinion, it is needed to keep the Units in operation or is required to comply with any LAWA, city, or national safety requirements. Cost submittal shall be provided within 24 hours of equipment shutdown.
