Common use of Confidential Materials Clause in Contracts

Confidential Materials. 1.1 Escrow Agent, as escrow agent, agrees to accept from Inktomi, for storage purposes only, confidential materials in the form of source code and binary code, program listings, supporting documentation, and other related materials for certain computer programs owned by Inktomi (collectively, "Confidential Materials"). Inktomi will furnish to Escrow Agent a list naming or describing all computer programs for which Confidential Materials are deposited into escrow. This list shall be certified by Inktomi as complete and accurate. A list of computer programs for which Confidential Materials are currently on deposit with Escrow Agent is attached as Exhibit A to this Agreement. This list will be supplemented and updated by Inktomi with each future deposit or withdrawal of Confidential Materials. For each deposit, Escrow Agent will issue receipts to Inktomi. 1.2 Upon each deposit of Confidential Materials, Inktomi shall furnish to Microsoft a copy of the list provided to Escrow Agent pursuant to this Section 1. Such list shall constitute notice to Microsoft that the Confidential Materials listed thereon have been deposited with Escrow Agent. Upon the request of Microsoft, Escrow Agent shall supply to Microsoft copies of all lists furnished by Inktomi to Escrow Agent hereunder. Escrow Agent shall not be required to determine the accuracy or completeness of the list(s) furnished by Inktomi hereunder, nor shall Escrow Agent be responsible for Confidential Materials not actually deposited with it, whether or not such Confidential Materials were required to be deposited under the terms of this Agreement, any license agreement between Inktomi and Microsoft or any other agreement.

Confidential Materials. 1.1 Escrow Agent, as escrow agent, agrees to accept from Inktomi, for storage purposes only, confidential materials in the form of source code and binary code, program listings, supporting documentation, and other related materials for certain computer programs owned by Inktomi (collectively, "Confidential Materials"). Inktomi will furnish to Escrow Agent a list naming or describing all computer programs for which Confidential Materials are deposited into escrow. This list shall be certified by Inktomi as complete and accurate. A list of computer programs for which Confidential Materials are currently on deposit with Escrow Agent is attached as Exhibit A to this Agreement. This list will be supplemented and updated by Inktomi with each future deposit or withdrawal of Confidential Materials. For each deposit, Escrow Agent will issue receipts to Inktomi. [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. 1.2 Upon each deposit of Confidential Materials, Inktomi shall furnish to Microsoft a copy of the list provided to Escrow Agent pursuant to this Section 1. Such list shall constitute notice to Microsoft that the Confidential Materials listed thereon have been deposited with Escrow Agent. Upon the request of Microsoft, Escrow Agent shall supply to Microsoft copies of all lists furnished by Inktomi to Escrow Agent hereunder. Escrow Agent shall not be required to determine the accuracy or completeness of the list(s) furnished by Inktomi hereunder, nor shall Escrow Agent be responsible for Confidential Materials not actually deposited with it, whether or not such Confidential Materials were required to be deposited under the terms of this Agreement, any license agreement between Inktomi and Microsoft or any other agreement.