Alternative Remedy Clause Samples
An Alternative Remedy clause defines the specific actions or solutions available to a party if the other party breaches the contract or fails to fulfill an obligation. Instead of pursuing standard legal remedies like termination or damages, this clause may allow for options such as requiring corrective action, substituting performance, or seeking specific performance. By outlining these alternatives, the clause provides flexibility in resolving disputes and helps prevent escalation to litigation, ensuring that issues can be addressed efficiently and in a manner tailored to the parties' needs.
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Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit FusionCharts, at FusionCharts’ option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the pro rata pre- paid amount for the remaining portion of the Initial Term or Renewal Term, as applicable.
Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit Idera, at Idera's option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the amount actually paid to Idera or its authorized representative for such Licensed Material, less depreciation based on a 3-year straight-line depreciation schedule.
Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit Froala, at Froala’ option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the amount actually paid to Froala or its authorized representative for such Licensed Material, less depreciation based on a 3-year straight-line depreciation schedule.
Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit LANSA, at LANSA's option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the amount actually paid to LANSA or its authorized representative for such Licensed Material, less depreciation based on a 3-year straight-line depreciation schedule.
Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit Embarcadero, at Embarcadero's option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the amount actually paid to Embarcadero or its authorized representative for such Licensed Material, less depreciation based on a 3-year straight-line depreciation schedule.
Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit WhereScape, at WhereScape’s option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the amount actually paid to WhereScape or its authorized representative for such Licensed Material, less depreciation based on a 3-year straight-line depreciation schedule.
Alternative Remedy. Notwithstanding the provisions of this Agreement, on and after the occurrence of an Event of Default, the Secured Party may (but shall not be obligated to) elect, in lieu of the remedies specified in Section 4 to retain all of the Pledged Collateral as full and complete liquidated damages for any amounts then due and owing by the Pledgor to the Secured Party under the Obligations and other Obligations.
Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit Ranorex, at Ranorex’s option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the pro rata pre-paid amount for the remaining portion of the Initial Term or Renewal Term, as applicable.
Alternative Remedy. If a claim described in Section 12(a.) may be or has ------------------ been asserted, Customer will permit CSG, at CSG's option and expense, to (i) procure the right to continue using the Product, (ii) replace or modify the Product to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Product and refund to Customer the amount of the fees actually paid to CSG and allocable for such Product, less amortization based on a 5-year straight-line authorization schedule and a pro rata share of any maintenance fees that Customer actually paid to CSG for the period that such Product was not usable.
Alternative Remedy. If a claim described in Section 8(a) may be or has been asserted, Customer will permit SNAP2, at SNAP2's option and expense, to (i) procure the right to continue using the Product, (ii) replace or modify the Product to eliminate the infringement while providing functionally equivalent performance or only if the remedies specified in (i) and (ii) are unavailable to SNAP2 on commercially reasonable terms, (iii) accept the return of the Product and refund to Customer the amount actually paid to SNAP2 for such Product, less depreciation based on a 5-year straight-line depreciation schedule and a pro rata share of any maintenance fees that Customer actually paid to SNAP2 for the period that such Product was not usable.