In the event BearingPoint reasonably determines that it is unable to either procure the right to continued use of the allegedly infringing item or replace or modify the allegedly infringing item as provided in this Section 7c), the allegedly infringing item shall be returned to BearingPoint, and BearingPoint’s maximum liability for such infringement shall be to refund to Client the amount paid to BearingPoint for such item less any depreciation for Client’s use of such item as calculated on a five-year straight-line basis.