Delivery and Acceptance. 4.1 Developer shall submit to Publisher a Version of the Product at each Milestone for approval. Publisher shall (acting reasonably) review the submission for compliance with the relevant parts of the Specification at that Milestone and for Publisher’s continued awareness as to the Product status. 4.2 As soon as reasonably practicable, but in any event within 10 (ten) business days following receipt of a Version of the Product at each Milestone, Publisher’s Producer shall notify the Developer in writing that: 4.2.1 it accepts and approves that Version unconditionally; or 4.2.2 it accepts and approves that Version conditionally on correction of the Errors specified; or 4.2.3 it does not accept or approve that Version and shall at the same time notify the Developer of the Errors that it is aware of which are contained in that Version which it has not accepted and approved unconditionally. Publisher shall accept and approve unconditionally each Version unless there is an Error in that Version. 4.3 If the Publisher has not have given the Developer such notice under paragraph 4.2 within the said 10 (ten) business days, that Version shall be deemed accepted. 4.4 As soon as reasonably practicable, but in any event no later than 10 Calendar Days (or such other period as the parties may agree) after receiving notice of non-acceptance pursuant to paragraph 4.2, the Developer shall correct the specified Errors at its sole expense and deliver to the Publisher the corrected Version of the Product. Paragraphs 4.2, 4.3 and this paragraph 4.4 shall then apply again in respect of that corrected Version. 4.5 The Developer shall deliver to the Publisher the Gold Master of each Version by the relevant Delivery Date. For the avoidance of doubt, Developer shall deliver a Gold Master for the Original Language Version of the Product and a multi-language Version for all agreed Translations as required by the Hardware Manufacturers and Publisher, i.e., a US Gold Master for SCEA and one (1) multi-language Gold Master each for SCEE and for SCEI, respectively. The parties acknowledge that in the case of PSP, the Hardware Manufacturer shall have the final right to accept or reject such Master. In the case of rejection, Developer shall respond as if such rejection was made by Publisher and shall respond to such rejection in accordance with this paragraph 4.
Appears in 4 contracts
Samples: Software Development and Licensing Agreement (Edmonds 1 Inc.), Software Development and Licensing Agreement (Red Mile Entertainment Inc), Software Development and Licensing Agreement (Edmonds 1 Inc.)
Delivery and Acceptance. 4.1 Developer shall submit to Publisher a Version of the Product at each Milestone for approval. Publisher shall (acting reasonably) review the submission for compliance with the relevant parts of the Specification at that Milestone and for Publisher’s continued awareness as to the Product status.
4.2 As soon as reasonably practicable, but in any event within 10 (ten) business days following receipt of a Version of the Product at each Milestone, Publisher’s Producer shall notify the Developer in writing that:
4.2.1 it accepts and approves that Version unconditionally; or
4.2.2 it accepts and approves that Version conditionally on correction of the Errors specified; or
4.2.3 it does not accept or approve that Version and shall at the same time notify the Developer of the Errors that it is aware of which are contained in that Version which it has not accepted and approved unconditionally. Publisher shall accept and approve unconditionally each Version unless there is an Error in that Version.
4.3 If the Publisher has not have given the Developer such notice under paragraph 4.2 within the said 10 (ten) business days, that Version shall be deemed accepted.
4.4 As soon as reasonably practicable, but in any event no later than 10 Calendar Days (or such other period as the parties may agree) after receiving notice of non-acceptance pursuant to paragraph 4.2, the Developer shall correct the specified Errors at its sole expense and deliver to the Publisher the corrected Version of the Product. Paragraphs 4.2, 4.3 and this paragraph 4.4 shall then apply again in respect of that corrected Version.
4.5 The Developer shall deliver to the Publisher the Gold Master of each Version by the relevant Delivery Date. For the avoidance of doubt, Developer shall deliver a Gold Master for the Original Language Version of the Product and a multi-language Version for all agreed Translations as required by the Hardware Manufacturers and PublisherManufacturers, i.e., a US Gold Master for SCEA and one (1) multi-language Gold Master each for SCEE and for SCEI, respectively. The parties acknowledge that in the case of PSPPS2 and XBox, the Hardware Manufacturer Manufacturers shall have the final right to accept or reject such Master. In the case of rejection, Developer shall respond as if such rejection was made by Publisher and shall respond to such rejection in accordance with this paragraph 4.
Appears in 2 contracts
Samples: Software Development and Licensing Agreement (Edmonds 1 Inc.), Software Development and Licensing Agreement (Red Mile Entertainment Inc)
Delivery and Acceptance. 4.1 Developer shall submit to Publisher a Version of the Product at each Milestone for approval. Publisher shall (acting reasonably) review the submission for compliance with the relevant parts of the Specification at that Milestone and for Publisher’s continued awareness as to the Product status.
4.2 As soon as reasonably practicable, but in any event within 10 (ten) business days following receipt of a Version of the Product at each Milestone, Publisher’s Producer shall notify the Developer in writing that:
4.2.1 it accepts and approves that Version unconditionally; or
4.2.2 it accepts and approves that Version conditionally on correction of the Errors specified; or
4.2.3 it does not accept or approve that Version and shall at the same time notify the Developer of the Errors that it is aware of which are contained in that Version which it has not accepted and approved unconditionally. Publisher shall accept and approve unconditionally each Version unless there is an Error in that Version.
4.3 If the Publisher has not have given the Developer such notice under paragraph 4.2 within the said 10 (ten) business days, that Version shall be deemed accepted.
4.4 As soon as reasonably practicable, but in any event no later than 10 Calendar Days (or such other period as the parties may agree) after receiving notice of non-acceptance pursuant to paragraph 4.2, the Developer shall correct the specified Errors at its sole expense and deliver to the Publisher the corrected Version of the Product. Paragraphs 4.2, 4.3 and this paragraph 4.4 shall then apply again in respect of that corrected Version.
4.5 The Developer shall deliver to the Publisher the Gold Master of each Version by the relevant Delivery Date. For the avoidance of doubt, Developer shall deliver a Gold Master for the Original Language Version of the Product and a multi-language Version for all agreed Translations as required by the Hardware Manufacturers and Publisher, i.e., a US Gold Master for SCEA and one (1) multi-language Gold Master each for SCEE and for SCEI, respectively. The parties acknowledge that in the case of PSPPS3 and Xbox 360, the Hardware Manufacturer shall have the final right to accept or reject such Master. In the case of rejection, Developer shall respond as if such rejection was made by Publisher and shall respond to such rejection in accordance with this paragraph 4.
Appears in 2 contracts
Samples: Software Development and Licensing Agreement (Red Mile Entertainment Inc), Software Development and Licensing Agreement (Edmonds 1 Inc.)
Delivery and Acceptance. 4.1 Developer shall submit to Publisher a Version of the Product at each Milestone, except Milestone 1, for approval. Publisher shall (acting reasonably) review the submission for compliance with the relevant parts of the Specification at that Milestone and for Publisher’s continued awareness as to the Product status.
4.2 As soon as reasonably practicable, but in any event within 10 (ten) business days following receipt of a Version of the Product at each Milestone, Publisher’s Producer shall notify the Developer in writing that:
4.2.1 it accepts and approves that Version unconditionally; or
4.2.2 it accepts and approves that Version conditionally on correction of the Errors specified; or
4.2.3 it does not accept or approve that Version and shall at the same time notify the Developer of the Errors that it is aware of which are contained in that Version which it has not accepted and approved unconditionally. Publisher shall accept and approve unconditionally each Version unless there is an Error in that Version.
4.3 If In the case where Publisher must also obtain Milestone approval of MTV (Milestone Schedule shall call out such Milestones), if the Publisher has shall not have given the Developer such notice under paragraph 4.2 within the said 10 (ten) business days, that Version shall be deemed rejected. If MTV fails to accept or reject such a Milestone submission within such ten-day period, then the Milestone schedule shall shift on a day-for-day basis for each day after agreed dates that such acceptance or rejection is not forthcoming. For those Milestones not requiring MTV approval, if the Publisher shall not have given the Developer such notice under paragraph 4.2 within the said 10 (ten) business days, that Version shall be deemed accepted.
4.4 As soon as reasonably practicable, but in any event no later than 10 Calendar Days (or such other period as the parties may agree) after receiving notice of non-acceptance pursuant to paragraph 4.2, the Developer shall correct the specified Errors at its sole expense and deliver to the Publisher the corrected Version of the Product. Paragraphs 4.2, 4.3 and this paragraph 4.4 shall then apply again in respect of that corrected Version.
4.5 The Developer shall deliver to the Publisher the Gold Master of each Version by the relevant Delivery DateDate in a form free of Errors. For the avoidance of doubt, Developer shall deliver a Gold Master for the Original Language Version of the Product and a multi-language Version for all agreed Translations as required by the Hardware Manufacturers and Publisher{00017805.DOC/ / 08/11/2005 01:55 PM} Manufacturer, i.e., a US Gold Master for SCEA and one (1) multi-language Gold Master each for SCEE and for SCEI, respectivelyrespectively and any other Gold Masters as required by Sony such as for China or Korea.). The parties acknowledge that in the case of PSP, the Hardware Manufacturer shall have the final right to accept or reject such MasterMasters. In the case of rejection, Developer shall respond as if such rejection was made by Publisher and shall respond to such rejection in accordance with this paragraph 4.
Appears in 2 contracts
Samples: Software Development and Licensing Agreement (Red Mile Entertainment Inc), Software Development and Licensing Agreement (Edmonds 1 Inc.)
Delivery and Acceptance. 4.1 Developer shall submit to Publisher a Version of the Product at each Milestone, except Milestone 1, for approval. Publisher shall (acting reasonably) review the submission for compliance with the relevant parts of the Specification at that Milestone and for Publisher’s continued awareness as to the Product status.
4.2 As soon as reasonably practicable, but in any event within 10 (ten) business days following receipt of a Version of the Product at each Milestone, Publisher’s Producer shall notify the Developer in writing that:
4.2.1 it accepts and approves that Version unconditionally; or
4.2.2 it accepts and approves that Version conditionally on correction of the Errors specified; or
4.2.3 it does not accept or approve that Version and shall at the same time notify the Developer of the Errors that it is aware of which are contained in that Version which it has not accepted and approved unconditionally. Publisher shall accept and approve unconditionally each Version unless there is an Error in that Version.
4.3 If the Publisher has shall not have given the Developer such notice under paragraph 4.2 within the said 10 (ten) business days, that Version shall be deemed accepted.
4.4 As soon as reasonably practicable, but in any event no later than 10 Calendar Days (or such other period as the parties may agree) after receiving notice of non-acceptance pursuant to paragraph 4.2, the Developer shall correct the specified Errors at its sole expense and deliver to the Publisher the corrected Version of the Product. Paragraphs 4.2, 4.3 and this paragraph 4.4 shall then apply again in respect of that corrected Version.
4.5 The Developer shall deliver to the Publisher the Gold Master of each Version by the relevant Delivery DateDate in a form free of Errors. For the avoidance of doubt, Developer shall deliver a Gold Master for the Original Language Version of the Product and a multi-language Version for all agreed Translations as required by the Hardware Manufacturers and PublisherManufacturer, i.e., a US Gold Master for SCEA and one (1) multi-language Gold Master each for SCEE and for SCEI, respectively. The parties acknowledge that in the case of PSP, the Hardware Manufacturer shall have the final right to accept or reject such Master. In the case of rejection, Developer shall respond as if such rejection was made by Publisher and shall respond to such rejection in accordance with this paragraph 4.
Appears in 2 contracts
Samples: Software Development and Licensing Agreement (Red Mile Entertainment Inc), Software Development and Licensing Agreement (Edmonds 1 Inc.)