If at any time an allegation of infringement of any IPR is made in respect of a Product or in the Supplier’s opinion is likely to be made, the Supplier may at its own expense modify or replace the Product so as to avoid the infringement without detracting from overall performance, provided that the Supplier makes good to OML any loss of use during the modification or replacement, and the indemnity herein given extends likewise to the modified or replaced Product.