Common use of RIGHT TO SUBSTITUTE Clause in Contracts

RIGHT TO SUBSTITUTE. Should Buyer be prevented as a result of such claims, actions, or suits regarding infringement, from utilizing the Product or Deliverable Items in question, or if Seller believes such a claim is likely, then Seller shall, at Seller's expense, either substitute an equivalent non- infringing item, or modify the item so that same no longer infringes but remains equivalent, or obtain (at its own expense) for Buyer the right to continue use of the item in accordance with the terms of this Agreement.

RIGHT TO SUBSTITUTE. Should Buyer be prevented as a result of such claims, actions, actions or suits regarding infringement, from utilizing the Product Modems or Deliverable Items in question, or if Seller believes such a claim is likely, then Seller shall, at Seller's expense, either substitute an equivalent non- non-infringing item, or modify the item so that same no longer infringes but remains equivalent, or obtain (at its own expense) for Buyer the right to continue use of the item in accordance with the terms of this Agreement.