Common use of DEVELOPMENT RIGHTS AND OBLIGATIONS Clause in Contracts

DEVELOPMENT RIGHTS AND OBLIGATIONS. 8.1 In connection with RESELLER’s exercise of the rights set forth in Section 2.2(iv) above, FAST shall provide RESELLER with necessary APIs and documentation. In addition, RESELLER may obtain support from FAST’s professional services department at hourly rates then in effect. 8.2 Prior to distributing any application, connector or other code developed under Section 2.2(iv) (hereinafter referred to as a “Development”), RESELLER shall provide such Development to FAST solely for purposes of testing and evaluation, at FAST’s sole expense, to determine compatibility between the Development and the Product. If FAST opts to perform such testing and evaluation, it shall treat the results thereof as confidential. If FAST, in its reasonable discretion, determines that the Development is not compatible with the Product, FAST may terminate this Agreement upon thirty days written notice if RESELLER fails to modify the Development so that it is compatible within that time frame. 8.3 RESELLER shall indemnify and hold FAST harmless from any third party claims and resulting losses, costs, liabilities and expenses (including reasonable attorney’s fees) related to Developments. 8.4 RESELLER shall modify Developments to the extent necessary for them to work with updated versions of the Product, within a time-frame that will allow RESELLER to comply with its obligations under Section 5.4 above.