Ongoing Development of Enhanced POS System Sample Clauses

Ongoing Development of Enhanced POS System. RS shall throughout ------------------------------------------ the Term add to the Enhanced POS System features useful to or desired by Customers as necessary to acquire Customers in accordance with the Marketing Plan, as agreed from time to time among the Parties pursuant to Section 4.4(a) of this Agreement. Additionally, RS shall cause the Enhanced POS System to conform to the performance standards set forth in Exhibit B. Without limiting the foregoing, the Parties agree that throughout the Term RS shall use commercially reasonable efforts to ensure that the then-current version of the Enhanced POS System contains features that are competitive with the ***. If the Parties are not able to agree on the features of --------------------------------- *** Denotes information that has been omitted from this Exhibit pursuant to a confidential treatment request filed with the Commission. 6 the Enhanced POS System pursuant to Section 4.4(a) of this Agreement and MF reasonably believes that (i) the Enhanced POS System is no longer competitive with *** and (ii) RS has not made adequate plans to correct such lack of competitiveness, and MF so notifies RS in writing, RS shall enhance the existing features of, or develop new features for, the Enhanced POS System so as to make the Enhanced POS System competitive within the earliest commercially reasonable period of time, which period of time shall in no event shall exceed *** from the day MF so notifies RS in writing. If the Enhanced POS System is not competitive as required by this Section 3.2 within the *** time period set forth in the preceding sentence, or if RS fails to provide to MF and AOL the prices for the Enhanced POS System set forth in Exhibit D, then MF and AOL thereafter shall be excused from all of their obligations set forth in Article 4 (except Section 4.4(b)).
Sample 1
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Related to Ongoing Development of Enhanced POS System

  • Information Systems Acquisition Development and Maintenance a. Client Data – Client Data will only be used by State Street for the purposes specified in this Agreement.

  • Initial Development Plan Not later than the Effective Date, Licensee shall have provided Merck with an initial Development plan for the Licensed Product in the Field in the Territory, which shall be incorporated as part of this Agreement as Attachment 3.02(a) (as may be amended in accordance with this Agreement, the “Development Plan”). **CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST.

  • Development Responsibilities From and after the Effective Date, BMS shall assume sole responsibility for the Development of Compounds and Products in the Field in the Territory during the Term at its own cost and expense (including responsibility for all funding, resourcing and decision-making, subject to Sections 3.3 and 3.4), except with respect to the performance by Ambrx of the Research Program activities assigned to Ambrx pursuant to the Research Plan and as otherwise may be agreed upon by the Parties in writing. BMS, by itself or through its Affiliates and Sublicensees, shall use Diligent Efforts to Develop a Compound or Product in the Field in accordance with the Development Plan for the purpose of obtaining a Regulatory Approval in each Major Market. For clarity, it is understood and acknowledged that Diligent Efforts in the Development of Compounds and Products may include sequential implementation of Clinical Trials and/or intervals between Clinical Trials for data interpretation and clinical program planning and approval.

  • Use of Immobilization Programs Provided (i) the Bank has received a certified copy of a resolution of the Board specifically approving the maintenance of Portfolio Securities in an immobilization program operated by a bank which meets the requirements of Section 26(a)(1) of the 1940 Act, and (ii) for each year following such approval the Board has reviewed and approved the arrangement and has not delivered an Officer's Certificate to the Bank indicating that the Board has withdrawn its approval, the Bank shall enter into such immobilization program with such bank acting as a subcustodian hereunder.

  • Development Program A. Development Activities to be Undertaken (Please break activities into subunits with the date of completion of major milestones)

  • Development Agreement That certain Development Agreement dated of even date herewith by and between the Company and Developer providing for the development of the Project on the Property, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. Development Fee. As described in Section 6.8.

  • Maintenance Program LESSEE's Maintenance Program

  • Maintenance and Support Services Distributor shall provide Maintenance and Support Services to all of its Customers of Licensed Software as set forth in Sections 3.4(a) and 3.4(b) below. Distributor may require Customers to provide the own First-Line Support: however, in no event shall Siebel be responsible for First-Line or Second-Line Support. Subject to Distributor's payment of the Maintenance Fees set forth in EXHIBIT A Siebel shall provide Third-Line Support to Distributor in accordance with Siebel's then current Maintenance and Support Services Policy. Distributor shall be responsible for all support related to the Value Added Offering.

  • Development Plans 4.3.1 For each Licensed Indication and corresponding Licensed Product in the Field, Licensee will prepare and deliver to Licensor a development plan and budget (each a “Development Plan”). The initial Development Plans for each Licensed Indication will be delivered within […***…] after the Grant Date for such Licensed Indication.

  • Development Plan As defined in Section 3.2(a).

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