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<br />16.6. Gaylord shall also have the right to charge for any additional effort which results from <br />providing services for an altereD licensed program. <br /> <br />17. Patent and COP\Tight. <br /> <br />17.1. Gaylord will defend the library against a claim that licensed software material <br />furnished and used within the scope of the license granted herein infringe a U.S. patent <br />or copyright and Gaylord will pay resulting costs, damages and attorney fees finally <br />awarded, subject to the limitation of liability set fonh below in Article 18 in its <br />entirety ("Limitation of Remedies") provided that: (a) the library promptly notifies <br />Gaylord in writing of the claim, and (b) Gaylord has sole control of the defense and <br />all related settlement negotiations. However, if the costs and damages attributable to <br />a claim of infringement of a U.S. patent may exceed the limitation of liability, the <br />library may elect to defend against the claim provided Gaylord may fully participate <br />in the defense and/or agrees to any settlement of the claim. <br /> <br />17.2. Ii such claim has occurred, or in Gaylord's opinion is likely to occur, the library <br />agrees to pennit Gaylord at its option at no additional expense to the library either to <br />procure for the library the right to continue using the licensed software or to replace <br />or modify the same so that they become non-infringing. If neither of the foregoing <br />alternatives is reasonably available, the library agrees on one (1) month's written <br />notice from Gaylord to return or destroy all copies of the licensed program material <br />received from Gaylord and all copies thereof. <br /> <br />17.3. Gaylord shall have no obligation to defend the library or to pay costs, damages, or <br />attorney's fees for any claim based upon (1) use of other than a current unaltered <br />release of the licensed program if such infringement would have been avoided by the <br />use of a current unaltered release of the licensed program, or (2) the combination, <br />operation or use of any licensed program or data with non-Gaylord programs or data <br />if such infringement would have been avoided by the combination, operation or use <br />of the licensed programs with other programs or data. <br /> <br />17.4. The foregoing states the entire obligation of Gaylord with respect to infringement of <br />patents or copyrights. <br /> <br />18. Limitation of Remedies. <br /> <br />18.1. Gaylord's entire liability and the library's exclusive remedy shall be as follows: In all <br />situations involving performance or non-performance of services furnished under this <br />agreement the library's remedy is (1) the correction of the program or service by <br />Gaylord, or (2) if after repeated efforts Gaylord is unable to make the program or <br /> <br />06/03/94 Paris Public Library Contract P 9 of 22 <br />