Common use of Effect of Infringement Clause in Contracts

Effect of Infringement. If the Purchaser is prevented from using the Works in consequence of any infringement of patent, registered design, copyright, trade m▇▇▇, trade name or other intellectual property right and the Contractor in accordance with Clause 42.2 is unable within 90 days after notice thereof from the Purchaser to procure the removal at its own expense of the cause of prevention then, in case of an infringement which is the subject of the Contractor's indemnity to the Purchaser under Clause 42.1, the Purchaser may treat such prevention as a default by the Contractor and exercise the powers and remedies available to him under Clause 46.