Common use of Claim of Intellectual Property Infringement Clause in Contracts

Claim of Intellectual Property Infringement. If the System or any part thereof which has not incurred any unauthorized modifications or combinations by the City is or becomes, or in the Vendor's opinion is likely to become, the subject of a claim of Intellectual Property infringement, then the City will permit the Vendor to, and the Vendor will promptly, at the Vendor's option and expense, either (a) procure for the City the right to continue using the System or such part thereof, or (b) replace or modify the System or such part thereof with non-infringing System or parts thereof that will meet the terms of this Contract.

Claim of Intellectual Property Infringement. If the System Software or any part thereof which has not incurred any unauthorized modifications or combinations by the City is or becomes, or in the Vendor's opinion is likely to become, the subject of a claim of Intellectual Property infringement, then the City will permit the Vendor to, and the Vendor will promptly, at the Vendor's option and expense, either (a) : procure for the City the right to continue using the System Software or such part thereof, or (b) ; or replace or modify the System Software or such part thereof with non-infringing System Software or parts thereof that will meet the terms of this Contract.