RIB’s Mitigation. If an Infringement Claim has occurred or in RIB’s reasonable opinion is likely to occur, Customer agrees to permit RIB, at RIB’s option and expense, to (i) procure for Customer the right to continue using the Licensed Materials, (ii) replace or modify the same so that they become non-infringing but provide Customer substantially similar or better capabilities, or (iii) if RIB reasonably determines that both of the foregoing are technically impracticable or commercially infeasible, immediately terminate both parties’ respective rights and obligations under this Agreement with respect to the infringing Licensed Materials, in which case Customer must return to RIB all copies of such Licensed Materials in its possession or control and RIB shall refund to Customer the applicable license fees paid by Customer for the then-current Term prorated for the portion of the Term up to the date of such termination.
