The FRANCHISOR shall pay all damages and cost awarded against THE FRANCHISEE but shall not be responsible for any settlement made without its consent. In the event of final judgment which prohibits THE FRANCHISEE or the FRANCHISEE's customers from continued use of any Products by reason of infringement of such patent, trademark or copyright, the FRANCHISOR may, at its sole option and at its expense, obtain the rights to continued use of any such Product, replace or modify such Product so that it is no longer infringing.