Common use of Remedial Measures Clause in Contracts

Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for End User the right to continue use of the Product at no additional cost to End User for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non- infringing while maintaining the Product’s essential specifications; or (iv) refund to End User a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services), based upon a linear monthly depreciation over a five (5)-year useful life, in which case End User will both cease all use of the Product and return the Product to NACR. ▇▇▇▇ agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of End User.

Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for End User the right to continue use of the Product at no additional cost to End User for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non- infringing while maintaining the Product’s essential specifications; or (iv) refund to End User a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services), based upon a linear monthly depreciation over a five (5)-year useful life, in which case End User will both cease all use of the Product and return the Product to NACR. ▇▇▇▇ NACR agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of End User.

Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for End User CUSTOMER the right to continue use of the Product at no additional cost to End User CUSTOMER for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non- non-infringing while maintaining the Product’s essential specifications; or (iv) refund to End User CUSTOMER a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services), based upon a linear monthly depreciation over a five (5)-year useful life, in which case End User CUSTOMER will both cease all use of the Product and return the Product to NACR. ▇▇▇▇ NACR agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of End UserCUSTOMER.

Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for End User Customer the right to continue use of the Product at no additional cost to End User Customer for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non- infringing while maintaining the Product’s essential specifications; or (iv) refund to End User Customer a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services), based upon a linear monthly depreciation over a five (5)-year useful life, in which case End User Customer will both cease all use of the Product and return the Product to NACR. ▇▇▇▇ agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of End UserCustomer.

Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for End User the right to continue use of the Product at no additional cost to End User for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non- infringing while maintaining the Product’s essential specifications; or (iv) refund to End User a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services)Product, based upon a linear monthly depreciation over a five (5)-year useful life, in which case End User will both cease all use of the Product and return the Product to NACR. ▇▇▇▇ agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of End User.