Common use of Enjoined Use Clause in Contracts

Enjoined Use. (a) If SITA’s provision or WLP’s use of any Service is prohibited or enjoined as a consequence of a Claim and the cause of such prohibition or injunction is not subject to Section 9.3(a)(1)(i) through (iii) (Indemnification; Defenses) and is not based on WLP’s Intellectual Property, SITA shall take the following actions at its own expense and in the listed order of preference: (i) procure for WLP the right to continue using such Service; (ii) modify such Service so that it is non-infringing (provided that such modification does not impair the features or functions of the Service as detailed hereunder); or (iii) upon written notice to WLP, substitute for such Service a comparable, non-infringing Service. If neither (i) nor (ii) nor (iii) is reasonably commercially attainable, then SITA shall discontinue providing such Service to WLP and refund to WLP a pro rata amount of all fees paid by WLP for such Service in advance based upon the time of such discontinuance, and the Preferred Provider Commitment shall be reduced in accordance with Section 2.3 (Preferred Provider Commitment). (b) The remedies provided for in this Section 9.5 shall be WLP’s sole remedies and SITA’s sole liability with respect to such enjoined use for the period that would be permitted under Section 11.3 (Performance Times) if the date of issuance of such injunction were deemed the commencement date of a Force Majeure Condition. Such period shall be in lieu of any other extensions of performance that might be available under Article 11 (Force Majeure) in connection with such injunction, and such deemed Force Majeure Condition shall only be available to excuse SITA’s non-performance once in connection with any injunction issued with respect to the affected service area regarding the same alleged infringement and related subject matter.

Enjoined Use. (a) If SITA’s provision or WLPWSL’s use of any Service is prohibited or enjoined as a consequence of a Claim and the cause of such prohibition or injunction is not subject to Section 9.3(a)(1)(i) through (iii) (Indemnification; Defenses) and is not based on WLPWSL’s Intellectual Property, SITA shall take the following actions at its own expense and in the listed order of preference: (i) procure for WLP WSL the right to continue using such Service; (ii) modify such Service so that it is non-infringing (provided that such modification does not impair the features or functions of the Service as detailed hereunder); or (iii) upon written notice to WLPWSL, substitute for such Service a comparable, non-infringing Service. If neither (i) nor (ii) nor (iii) is reasonably commercially attainable, then SITA shall discontinue providing such Service to WLP WSL and refund to WLP WSL a pro rata amount of all fees paid by WLP WSL for such Service in advance based upon the time of such discontinuance, and the Preferred Provider Commitment shall be reduced in accordance with Section 2.3 (Preferred Provider Commitment). (b) The remedies provided for in this Section 9.5 shall be WLPWSL’s sole remedies and SITA’s sole liability with respect to such enjoined use for the period that would be permitted under Section 11.3 (Performance Times) if the date of issuance of such injunction were deemed the commencement date of a Force Majeure Condition. Such period shall be in lieu of any other extensions of performance that might be available under Article 11 (Force Majeure) in connection with such injunction, and such deemed Force Majeure Condition shall only be available to excuse SITA’s non-performance once in connection with any injunction issued with respect to the affected service area regarding the same alleged infringement and related subject matter.