Making available the Technology Clause Samples

Making available the Technology. 3.2.1 Licensor shall make the Technology available to Licensee at the latest at the Agreed Delivery Date. The Technology shall only be made available in a Data Room. 3.2.2 The Technology shall be deemed made available by Licensor to Licensee if all deliverables specified in Appendix 1 have been electronically loaded into and made accessible to Licensee by Licensor in the Data Room (“Delivery”). 3.2.3 The Licensee shall be entitled to perform a delivery check on the deliverables in the Data Room to verify compliance with Appendix 1 (“Delivery Check”). 3.2.4 The Licensee shall inform the Licensor of the result of the Delivery Check within thirty (30) days after the Technology has been made available pursuant to Section 3.2.1 and Section 3.2.2, and specify any omission in a written report. Acceptance shall be deemed to have been given either if the Licensee in writing has approved the delivery of the Technology or if notice is not given by the Licensee within the time set forth in this Section 3.2.4 (“Acceptance”). In the event of any such omission, the Licensor shall within thirty (30) days remedy such omission, where after a new Delivery Check in accordance with the above may be conducted. For the avoidance of doubt, an Acceptance shall not limit Licensor’s obligations under this License Agreement. 3.2.5 The Licensor will be in delay in the event the actual delivery date occurs after the Agreed Delivery Date provided this is not due to the Licensee’s failure to comply with its obligations hereunder. 3.2.6 If the Licensor finds that it will not be able to deliver the Technology at the Agreed Delivery Date or if delay on its part seems likely, the Licensor shall inform the Licensee of the reasons for and consequences of not meeting the Agreed Delivery Date and shall at its own cost (unless the delay is caused by the Licensee in which case the cost shall be born by the Licensee) take all steps reasonably necessary, including providing additional resources, to ensure that the requirements are met as soon as possible.