Common use of Initial Deliverables Clause in Contracts

Initial Deliverables. Following the Original Execution Date, PalmSource will deliver to Licensee a complete and current set of the deliverables specified in Exhibit A (PalmSource Deliverables); provided, however, that in no event will PalmSource be required to deliver any such items to Licensee before PalmSource has generally released such deliverables to its customers. As of the Amendment Execution Date, Licensee acknowledges that all such deliverables have been delivered by PalmSource to Licensee. Within ten (10) business days of the Amendment Execution Date, PalmSource will deliver to Licensee a complete and current set of the deliverables specified in Exhibit A-1 (Additional PalmSource Deliverables) in object code or source code form, as specified therein, to the extent not previously provided to Licensee. Thereafter, PalmSource will not have any delivery obligations with respect to the deliverables specified in Exhibit A-1 (Additional PalmSource Deliverables) unless otherwise agreed by PalmSource. All deliveries shall be made electronically in accordance with Section 3.5 (Method of Delivery) and in a mutually agreed upon manner that does not cause sales tax to apply to the delivered items. Without in any way limiting Licensee’s obligation to make Minimum Annual Payments under Section II(A)(1)(b) of Exhibit D (Licensee Products, Royalties and Fees), PalmSource acknowledges that Licensee shall have no obligation under this Agreement to incorporate any PS Licensed Products in any Licensee products or otherwise distribute any PS Licensed Products. However, Licensee will use good faith efforts to include the PS E-Reader in a Licensee Product, unless PalmSource ceases to make the PS E-Reader commercially available.