or (II) replace or modify the Service with equivalent or better functionality so that Institution’s use is no longer infringing. or (III) if (I) or (II) are not commercially reasonable, terminate provision of the Service and refund to Institution any pre-paid Service fees for any periods after the termination of the Service, less any outstanding moneys owed by Institution to Kritik.<br> <br>3. <strong>Exclusions</strong>.