Common use of Access to Source Codes Clause in Contracts

Access to Source Codes. The Vendor grants the Owner a right to access the Source Code and to modify the Software (the "RTM License") for the maintenance, enhancement and support of those Products purchased from the Vendor and owned or operated by the Owner under the following circumstances which will be set forth in the Escrow Agreement: (a) If the Vendor becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition in bankruptcy or an involuntary petition in bankruptcy is filed against the Vendor which is not dismissed within sixty (60) days, or suffers or permits the appointment of a receiver for its business, or its assets become subject to any proceeding under a bankruptcy or insolvency law, domestic or foreign, or has liquidated its business, or the Vendor, or a business unit of the Vendor that is responsible for maintenance of the Software, ceases doing business without providing for a successor, and the Owner has reasonable cause to believe that any such event will cause the Vendor to be unable to meet its warranty service or support requirements hereunder; or (b) If it is determined, pursuant to the dispute resolution mechanisms set forth in subsection 23.1, that the Vendor, its assignee or designee has failed, or is unable, to provide the warranty service or support of the System and/or any PCS System and/or any PCS Sub-System contemplated by this Contract.

Access to Source Codes. The Vendor grants the Owner a right to ---------------------- access the Source Code and to modify the Software (the "RTM License") for the maintenance, enhancement and support of those Products purchased from the Vendor and owned or operated by the Owner under the following circumstances which will be set forth in the Escrow Agreement: (a) If the Vendor becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition in bankruptcy or an involuntary petition in bankruptcy is filed against the Vendor which is not dismissed within sixty (60) days, or suffers or permits the appointment of a receiver for its business, or its assets become subject to any proceeding under a bankruptcy or insolvency law, domestic or foreign, or has liquidated its business, or the Vendor, or a business unit of the Vendor that is responsible for maintenance of the Software, ceases doing business without providing for a successor, and the Owner has reasonable cause to believe that any such event will cause the Vendor to be unable to meet its warranty service or support requirements hereunder; or (b) If it is determined, pursuant to the dispute resolution mechanisms set forth in subsection 23.1, that the Vendor, its assignee or designee has failed, or is unable, to provide the warranty service or support of the System and/or any PCS System and/or any PCS Sub-System contemplated by this Contract.