Common use of Intellectual Property Remedies Clause in Contracts

Intellectual Property Remedies. In the event of a Claim under Section 12.1(a)(iii) above, and in addition to all other obligations of Orbitz in this Section 12, Orbitz will either (a) provide Airline with reasonable assurances acceptable to Airline that Airline will continue to have the right to use the affected products or services or (b) Orbitz will, at its expense, either (i) procure for Airline the right to continue use of such infringing products or services, or any component thereof; or (ii) replace or modify the same with non-infringing products or services satisfactory to Airline, provided that Orbitz will provide Airline with a comparable temporary replacement product or reimburse Airline for the reasonable costs incurred by Airline in obtaining an alternative product in the event Airline cannot use the affected product. If Orbitz cannot accomplish any of the foregoing within a reasonable time and at commercially reasonable rates, then Orbitz will accept the return of the infringing component of the products or services, along with any other components of any products rendered unusable by Airline as a result of the infringing component, and refund the price paid to Orbitz for such components.