Common use of Without prejudice to sub Clause in Contracts

Without prejudice to sub. Section 9.1, should the Products become, or in IONA's reasonable opinion are likely to become, the subject of a claim as aforesaid then IONA may either: (I) procure for Customer the right to continue using the Products; (II) replace the Products with non-infringing material; (III)modify the Products to make them non-infringing; or (IV) remove the Products and refund to Customer all fees and sums paid by Customer in respect thereof prorated based on a product lifetime of 60 months.