Replacement Product. In order to avoid or limit any liability for infringement, the Company may, at any time and irrespective of whether it will be obligated to do so by order of any court, at its own expense and option, replace any Product with a non-infringing item providing substantially the same performance.
Appears in 5 contracts
Samples: Distribution Agreement (Topspin Medical Inc), Distribution Agreement (Topspin Medical Inc), Distribution Agreement (Topspin Medical Inc)