Common use of Further Remedy Clause in Contracts

Further Remedy. If any part of the Services becomes the subject of a claim of infringement or misappropriation, or in Blue Planet’s opinion is likely to become the subject of such a claim, Blue Planet may at its option, either (a) procure for Customer the right to continue using the Services, (b) modify or replace the Services to make them non-infringing, or if neither (a) nor (b) can reasonably be accomplished (c) terminate the Agreement and provide Customer with a pro-rated refund of any prepaid Fees for the infringing Services.