Common use of Alternative Remedy Clause in Contracts

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 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 preamount actually paid to Ranorex or its authorized representative for such Licensed Material, less depreciation based on a 3-paid amount for the remaining portion of the Initial Term or Renewal Term, as applicableyear straight-line depreciation schedule.