Common use of Replacement or Modification Clause in Contracts

Replacement or Modification. In the event of a Claim, Supplier may (at its sole discretion and expense): (a) modify the Service so that it ceases to be infringing; or (b) replace any infringing software or component part of the Service with non-infringing software or a non-infringing component part. (c) procure for Customer the right to continue to use the infringing Services (or any component part thereof); If Supplier does not provide Customer with one of the options above, Supplier may, at its sole discretion, terminate the Order for the affected Services with immediate effect and reimburse Customer any prepaid Fees covering the remainder of the Services Term and terminate Customer’s access to the affected Services. This section states Customer’s sole and exclusive rights and remedies, in respect of any Claim.