Common use of Resolving Claims Clause in Contracts

Resolving Claims. If a Claim is brought, Gearset shall have the right in its absolute discretion and at its own expense: (i) to procure the right for the Customer to continue using the Subscription in accordance with the terms of this Agreement; (ii) to make such alterations, modifications or adjustments to the Subscription so that they become non-infringing; or (iii) to replace the Subscription with non-infringing services. If Gearset is unable to resolve a Claim by taking one of the actions under clause 10.2, Gearset shall have the right to terminate this Agreement upon repayment to the Customer of the Subscription Fee on a pro rata basis and such right shall be the Customer’s sole and exclusive remedy under this Agreement in respect of any such Claim.