Common use of Release of Archived Content Clause in Contracts

Release of Archived Content. A. Archived Content will be preserved in the CLOCKSS Archive as described in Section 3.A. above. The Board will Release (as defined below) Archived Content following the occurrence of a trigger event (“Trigger Event”). A Trigger Event occurs when either: (i) the owner of all rights to the Archived Content (including the copyrights) gives unconditional consent to the release of such Archived Content to the general public, or (ii) the Archived Content is determined in good faith by the Board to be unavailable from any publisher for at least six consecutive months. A determination cannot be made by the Board in good faith unless the Board shall have tried to contact Publisher at least twice no less than thirty (30) days before releasing the triggered Archived Content (as described below) and evaluated all information received from Publisher as to whether a Trigger Event had, in fact, occurred and whether the event was temporary or permanent. B. Trigger Events include, but are not limited to, situations of non-availability of Archived Content in which: i. Publisher No Longer in Business. Publisher is no longer in business or is no longer in the business of publishing Content or providing access to previously published Content and there are no successor interests or reversions or transfers of rights;