Depositor's Representations. Depositor represents as follows: --------------------------- a. Depositor lawfully possesses all of the Deposit Materials deposited with Escrow Agent; b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to Escrow Agent and Preferred Beneficiary the rights as provided in this Agreement; c. The Deposit Materials are not subject to any lien or other encumbrance; d. The Deposit Materials consist of the proprietary technology and other materials identified in Exhibit A; and e. The Deposit Materials are readable and useable in their current form or, if the Deposit Materials are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 8 contracts
Samples: Procurement Agreement (Corvis Corp), Procurement Agreement (Corvis Corp), Procurement Agreement (Corvis Corp)
Depositor's Representations. Depositor represents as follows: ---------------------------:
a. Depositor lawfully possesses all of the Deposit Materials deposit materials deposited with Escrow AgentDSI;
b. With respect to all of the Deposit Materialsdeposit materials, Depositor has the right and authority to grant to Escrow Agent DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials deposit materials are not subject to any lien or other encumbrance;
d. The Deposit Materials deposit materials consist of the proprietary technology information and other materials identified either in the license agreement or Exhibit A, as the case may be; and
e. The Deposit Materials deposit materials are readable and useable in their current form or, if the Deposit Materials deposit materials are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 7 contracts
Samples: CSG Master Subscriber Management System Agreement (CSG Systems International Inc), CSG Master Subscriber Management System Agreement (CSG Systems International Inc), Master Software License and Services Agreement (Tenfold Corp /Ut)
Depositor's Representations. Depositor represents as follows: ---------------------------:
a. Depositor lawfully possesses all of the Deposit Materials deposited with Escrow Agent;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to Escrow Agent and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit AB1, as the case may be; and
e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials are is encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 2 contracts
Samples: Distribution Agreement (Kana Communications Inc), Distribution Agreement (Kana Communications Inc)
Depositor's Representations. Depositor represents as follows: ---------------------------:
a. Depositor lawfully possesses all of the Deposit Materials deposit materials deposited with Escrow Agent***;
b. With respect to all of the Deposit Materialsdeposit materials, Depositor has the right and authority to grant to Escrow Agent *** and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials deposit materials are not subject to any lien or other encumbrance;
d. The Deposit Materials deposit materials consist of the proprietary technology information and other materials identified either in the license agreement or Exhibit A, as the case may be; and
e. The Deposit Materials deposit materials are readable and useable in their current form or, if the Deposit Materials deposit materials are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 2 contracts
Samples: CSG Master Subscriber Management System Agreement (CSG Systems International Inc), CSG Master Subscriber Management System Agreement (CSG Systems International Inc)
Depositor's Representations. Depositor represents as follows: ---------------------------
a. Depositor lawfully possesses all of the Deposit Materials deposited with Escrow Agent;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to Escrow Agent and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit AB1, as the case may be; and
e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials are is encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Depositor's Representations. Depositor represents as follows: ---------------------------:
a. Depositor lawfully possesses all of the Deposit Materials deposited with Escrow AgentDSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to Escrow Agent DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The As of the effective date of this Agreement, the Deposit Materials are not the subject to any of a lien or other encumbrance, however, any liens or encumbrances made after the execution of this Agreement will not prohibit, limit, or alter the rights and obligations of DSI under this Agreement;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreements or Exhibit A, as the case may be; and
e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials are is encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Samples: License Agreement (Goamerica Inc)
Depositor's Representations. Depositor represents as follows: ---------------------------
a. Depositor lawfully possesses possess all of the Deposit Materials deposit materials deposited with Escrow AgentDSI;
b. With respect to all of the Deposit Materialsdeposit materials, Depositor has the right and authority to grant to Escrow Agent DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials deposit materials are not subject to any lien or other encumbrance;
d. The Deposit Materials deposit materials consist of the proprietary technology information and other materials identified either in the license agreement or Exhibit A, as the case may be; and
e. The Deposit Materials deposit materials are readable and useable in their current form or, if the Deposit Materials deposit materials are encrypted, the decryption tools and decryption keys have also been deposited, and include all required versions thereof needed to make the deposit materials useful to the Beneficiary.
Appears in 1 contract
Samples: Technologies License, Development, Consulting and Collaboration Agreement (Lifef X Inc)
Depositor's Representations. Depositor represents as follows: ---------------------------:
a. Depositor lawfully possesses all of the Deposit Materials deposited with Escrow AgentMaterials;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to Escrow Agent DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Except as identified on Exhibit A, the Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology information and other materials identified in Exhibit A; and
e. The Deposit Materials are readable and useable in their current form or, if the Deposit Materials are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Depositor's Representations. Depositor represents as follows: ---------------------------:
a. Depositor lawfully possesses all of the Deposit Materials deposit materials deposited with Escrow Agent****** **********;
b. With respect to all of the Deposit Materialsdeposit materials, Depositor has the right and authority to grant to Escrow Agent ****** ********** and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials deposit materials are not subject to any lien or other encumbrance;
d. The Deposit Materials deposit materials consist of the proprietary technology information and other materials identified either in the license agreement or Exhibit A, as the case may be; and
e. The Deposit Materials deposit materials are readable and useable in their current form or, if the Deposit Materials deposit materials are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Samples: CSG Master Subscriber Management System Agreement (CSG Systems International Inc)