Common use of Replacement or Modification Clause in Contracts

Replacement or Modification. Should the use or provision of any Offerings or portion thereof be enjoined or threatened to be enjoined or determined by Unsupervised to be infringing any third party intellectual property right, Unsupervised will notify Customer and, at Unsupervised’s expense Unsupervised may: (a) procure for Customer the right to continue use of the Offerings as contemplated under this Agreement, (b) replace or modify the Offerings to be non-infringing while maintaining substantially the same features and functionality, or (c) if “(a)” or “(b)” are not economically feasible for Unsupervised, then Unsupervised will have the right to terminate the obligations with regards to such Offerings.