Common use of Defects of Title Clause in Contracts

Defects of Title. 5.1 The provider is liable for infringement of third-party rights by said provider's service only insofar as the service is utilized unmodified in accordance with the contract and, in particular, in the contractually agreed or otherwise intended environment. 5.2 If a third party asserts vis-à-vis the customer that a service from the provider violates their rights, the customer shall promptly notify the provider. The provider and, if applicable, their suppliers are authorized but not obliged to ▇▇▇▇ off the asserted claims, to the extent permitted, at their own expense. 5.3 If third-party rights are breached by one of the provider's services, the provider, at their own expense and discretion, shall (a) supply the customer with the right to use the service, or (b) organize the service such that it is free of legal breaches, or (c) take back the service and refund the remuneration paid by the customer (minus a reasonable reimbursement for use) if the provider cannot achieve any other remedy with reasonable effort. The customer's interests are to be considered adequately here. 5.4 Claims of the customer regarding defects in title lapse according to Item 4.2. Item 6 applies additionally to the customer's claims for damage and expenditure compensation; Item 4.3 applies accordingly to the provider's additional expenditures.