In the event of an infringement claim, Contractor may modify, replace, obtain a license for, or refund the infringing Deliverable at its own expense so that it can resolve the issue without further legal complications.

Contractor may, at its sole option and expense: (a) modify the Deliverable(s), or portion thereof, so that they are non-infringing, (b) replace the Deliverable(s), or portion thereof, with non-infringing Deliverable(s) which are functionally equivalent or superior in performance. Contractor may accept return of the infringing portion of the Deliverable and give Zeroth a refund of the fees paid by Zeroth for such infringing portion of the Deliverable. Contractor's indemnification obligations hereunder are expressly conditioned upon Zeroth’s giving Contractor prompt written notice of any such claim.

legacy import — synthesised from supporting_context_primary