Common use of Notwithstanding Section 7 Clause in Contracts

Notwithstanding Section 7. 6.1, should the use of any StarSight Trademark as contemplated by this Agreement be enjoined or be threatened to be enjoined, StarSight shall notify Microsoft and immediately, at StarSight's expense: (i) procure for Microsoft the right to continue use the StarSight Trademark, as applicable, as licensed in this Agreement; or (ii) replace or modify the StarSight Trademark with a mark that is non-infringing. ▇▇ the alternative, and at StarSight's election, StarSight may notify Microsoft that Sections 5.2 and 5.3 shall not apply to the infringing or -------------------------------------------- *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. potentially infringing StarSight Trademark until such time as StarSight notifies Microsoft that such mark is neither infringing nor ▇▇▇entially infringing. In the event, after a reasonable period of time, StarSight is unsuccessful in its attempts to procure the necessary rights or replace or modify the StarSight Trademark as indicated above, Microsoft may take reasonable steps to remove or modify the StarSight Trademark, with StarSight's approval not to be unreasonably withheld, to prevent the injunction from being entered.