Common use of Potential Infringement Clause in Contracts

Potential Infringement. In the event either Cipher or Distributor learns of any Third Party patents which may cover the Manufacturing, Marketing or, if applicable, Testing or Packaging of the Product in the Territory, as carried out by Distributor in accordance with its rights under this Agreement, such Party will notify the other Party. The Parties agree to confer in good faith regarding such potential infringement risk and to explore reasonable alternatives for avoiding such risk and to provide such information to each other as either Party may reasonably request.