Common use of Further obligations regarding IPR Claims Clause in Contracts

Further obligations regarding IPR Claims. If an IPR Claim is made and XL is prevented from using the Deliverables or receiving or using the Development Work, the Supplier must, at no cost to XL and without prejudice to the Supplier’s obligations under clause 26.2: (a) procure for XL the right to continue to Use the Deliverables or the Development Work or that part of the Deliverables or the Development Work (as the case may be) that is or are affected by the IPR Claim in accordance with the terms of this agreement; or (b) replace or modify the Deliverables or the Development Work or that part of the Deliverables or the Development Work (as the case may be) that is or are affected by the IPR Claim in a manner acceptable to XL and ensuring that: (i) there is no adverse effect on the functionality or performance of the Deliverables and/or the Development Work; (ii) the modified or replaced Deliverables and/or the Development Work (as the case may be) does not have an adverse effect on the XL systems or telecommunications networks; and (iii) the modified or replaced Deliverables and/or the Development Work (as the case may be) complies with the requirements of this agreement.