Development and Schedules Clause Samples

Development and Schedules. 4.1 Microsoft shall deliver the Microsoft Deliverables to Gemstar in accordance with schedules referenced in Section 4.5. If the schedule is not specified for a particular Microsoft Deliverable, then such Microsoft Deliverable will be distributed throughout the term of this Agreement as jointly determined by the parties. 4.2 Microsoft grants to Gemstar the license rights described in Appendix A with respect to the Microsoft Deliverables. The relevant license grants will apply to all Versions (pre-release and final) and components thereof distributed by Microsoft. To the extent any of the license rights set forth in Appendix A are inconsistent with the license rights set forth in this Agreement, then the license rights set forth in this Agreement shall apply. 4.3 Gemstar shall deliver the Gemstar Deliverables to Microsoft in accordance with schedules referenced in Section 4.5. If the schedule is not specified for a particular Gemstar Deliverable, then such Gemstar Deliverable will be distributed throughout the term of this Agreement as jointly determined by the parties. 4.4 Gemstar grants to Microsoft the license rights described in Appendix B with respect to the Gemstar Deliverables. The relevant license grants will apply to all Versions (pre-release and final) and components thereof distributed by Gemstar. To the extent any of the license rights set forth in Appendix B are inconsistent with the license rights set forth in this Agreement, then the license rights set forth in this Agreement shall apply. 4.5 The current schedule for the delivery of the Deliverables is set forth on Appendices A and B and may, from time to time be updated upon agreement of the parties. The schedule and all updates thereto will take into account the availability of the Deliverables and timing of development activities and test deployments. The parties agree to use reasonable efforts to implement the development activities and test deployments in accordance with the agreed upon schedule. 4.6 In the event hardware is included in the Deliverables, then the following additional terms and conditions shall apply to such hardware. The Delivering Party shall retain title to hardware it delivers at all times. The Receiving Party shall insure and take normal precautions to care for the hardware it receives. The Delivering Party agrees that for the duration of this Agreement it will maintain the hardware it delivers in good working order at its expense. The Delivering Party shall determin...