Common use of Replacement or Modification Clause in Contracts

Replacement or Modification. Should the use of any Services or portion thereof be enjoined or threatened to be enjoined or determined to be infringing any third party intellectual property right, Convercent will notify Customer and, at Convercent’s expense: (a) procure for Customer the right to continue use of the Services as contemplated under this Agreement or (b) replace or modify the Services to be non-infringing; provided that if (a) or (b) are not available to or economically feasible for Convercent, then Convercent will have the right to terminate each affected Order Form.

Replacement or Modification. Should the use of any Services or portion thereof be enjoined or threatened to be enjoined or determined to be infringing any third party intellectual property rightIntellectual Property Right, Convercent will notify Customer and, at Convercent’s expense: (a) procure for Customer the right to continue use of the Services as contemplated under this Agreement or (b) replace or modify the Services to be non-infringing; provided that if (a) or (b) are not available to or economically feasible for Convercent, then Convercent will have the right to terminate each affected Order Form.