Common use of REPLACE, LICENSE, OR MODIFY Clause in Contracts

REPLACE, LICENSE, OR MODIFY. If Contractor becomes aware that any Materials or Services infringe, or are likely to be infringing on, any third party’s intellectual property rights, then Contractor shall at its sole cost and expense and in consultation with State either: (a) replace any infringing items with non-infringing ones; (b) obtain for State the right to continue using the infringing items; or (c) modify the infringing item so that they become non-infringing, so long as they continue to function as specified following the modification.

REPLACE, LICENSE, OR MODIFY. If Contractor becomes aware that any Materials or Services infringe, or are likely to be infringing on, any third party’s intellectual property rights, then Contractor shall at its sole cost and expense and in consultation with State either: (a) replace any infringing items with non-infringing ones; (b) obtain for State the right to continue using the infringing items; or (c) modify the infringing item so that they become non-infringing, so long as they continue to function as specified following the modification14.