Release of Deposit Materials. 5.1. Upon the occurrence of any Event of Default (as defined in Section 4.1), an officer of Beneficiary must notify Escrow London by sending a statutory or notarized declaration as to such Event of Default (a “Notice”). The Notice must include a list of circumstances of the Event of Default and should include any supporting facts. Escrow London shall send a copy of the Notice to the Depositor by courier, registered mail or electronic mail.
5.2. Unless Escrow London receives Contrary Instructions (as defined below) by an officer of Depositor within ten (10) Business Days after sending the Notice, the Deposit Materials then in escrow shall be delivered to Beneficiary by Escrow London within the next ten (10) Business Days following the end of such ten-day period.
Release of Deposit Materials. The Deposit Materials will be released to Beneficiary after the receipt of the written request for release only in the event that the release procedure set forth in Exhibit C is followed.
Release of Deposit Materials. 5.1. Upon the occurrence of any Event of Default (as defined in Section 4.1), an officer of Beneficiary must notify Escrow London by sending a statutory or notarized declaration as to such Event of Default (a “Notice”). The Notice must include a list of circumstances of the Event of Default and should include any supporting facts. Escrow London shall send a copy of the Notice to the Depositor by email.
5.2. Unless Escrow London receives Contrary Instructions (as defined below) by an officer of Depositor within ten
Release of Deposit Materials. 5.1 Upon the occurrence of any Event of Default (as defined in Section 4), an officer of Beneficiary must notify Escrow London by sending a statutory or notarized declaration as to such Event of Default (a “Notice”). The Notice must include a list of circumstances of the Event of Default and should include any supporting facts. Escrow London shall send a copy of the Notice to the Depositor by courier or registered mail.
5.2 Unless Escrow London receives Contrary Instructions (as defined below) by an officer of Depositor within 10 Business Days after sending the Beneficiary’s Notice, the Deposit Materials then in escrow shall be delivered to Beneficiary by Escrow London within the next five (5) Business Days following the end of such ten-day period. Such delivery shall terminate all duties and obligations of Escrow London to Depositor and Beneficiary.
Release of Deposit Materials. Upon notice to the Escrow Agent, WMATA shall be entitled to immediately receive all Deposit Materials (including Requisite Source Code) from Escrow Agent upon the occurrence of an Escrow Release Trigger, as follows:
Release of Deposit Materials. 5.1. Upon the occurrence of any Event of Default (as defined in Section 4.1), an officer of Beneficiary must notify Escrow London by sending a statutory or notarized declaration as to such Event of Default (a “Notice”). The Notice must include a list of circumstances of the Event of Default and should include any supporting facts. Escrow London shall send a copy of the Notice to the Depositor by courier, registered mail or electronic mail. Escrow London shall send a copy of the Notice to the Depositor by courier, registered mail or electronic mail to the address provided for the Depositor Officer in Schedule 4. Notwithstanding clause 11, Notices under this clause 5 that are sent by email shall be deemed delivered on receipt of an automated delivery receipt or confirmation of receipt from the relevant server if before 5pm on a working day in the UK and otherwise on the next working day in the UK.
5.2. Unless Escrow London receives Contrary Instructions (as defined below) by an officer of Depositor within 10 Business Days after sending the Notice, the Deposit Materials then in escrow shall be made available to the Beneficiary by Xxxxxx London within the next 10 Business Days following the end of such ten-day period.
Release of Deposit Materials. (a) Release - The Deposit Materials, including any copies thereof, will be released to the Licensee after the receipt of the written request for release only in the event that:
(A) Licensor notifies Escrow Associates in writing to effect such release or (B) Licensee makes written request to Escrow Associates; and
(A) Licensee asserts that the Licensor has failed in a material respect under the License Agreement or (B) there is any rejection or termination of the License Agreement or this Agreement by Licensor or its successors or representatives in breach of the provisions of the License Agreement or this Agreement, including in all events any rejection or termination of the License Agreement or any proposal to do so under Title 11 of the United States Code, as now constituted or hereafter amended (the "Bankruptcy Code"), or any other federal or state bankruptcy, insolvency, receivership, or similar law or (C) There is a failure of a trustee, including Licensor as debtor in possession, in any bankruptcy case hereafter filed by or against Licensor either to assume the License Agreement and this Agreement within fifteen (15) days after the filing of the initial bankruptcy petition or to perform the License Agreement and this Agreement within the meaning of Section 365(a)(4)(i) of the Bankruptcy Code, or (D) There is termination of substantially all of Licensor's ongoing business operations relating to the subject to the License Agreement and this Agreement, or (E) There is any liquidation of Licensor, or any sale, assignment, or foreclosure of or upon assets that are necessary for the performance by Licensor of its responsibilities under the License Agreement and this Agreement; and
iii. Licensee includes a written statement that the deposit materials will be used in accordance with the terms of the License Agreement; and
iv. Licensee includes specific instructions for the delivery of the deposit materials
Release of Deposit Materials. (a) Release - The Deposit Materials, including any copies thereof, will be released to the Licensee after the receipt of the written request for release only in the event that: i.
Release of Deposit Materials. 5.1. Upon the occurrence of any Event of Default (as defined in Section 4.1), an officer of Beneficiary must notify Escrow London by sending a statutory or notarized declaration as to such Event of Default (a “Notice”). The Notice must include a list of circumstances of the Event of Default and should include any supporting facts. Escrow London shall send a copy of the Notice to the Depositor by courier or registered mail.
5.2. Unless Escrow London receives Contrary Instructions (as defined below) by an officer of Depositor within 10 Business Days after sending the Notice, the Deposit Materials then in escrow shall be made available to the Beneficiary by Escrow London within the next 10 Business Days following the end of such ten-day period.
5.3. Unless Escrow London receives Contrary Instructions (as defined below) by an officer of Depositor within 10 Business Days after sending the Notice, the Virtual Server then in escrow shall be activated and the external IP address to be made available to the Beneficiary by Escrow London within the next 5 Business Days following the end of such ten-day period. Escrow London will maintain the Virtual Server for a period of 90 calendar days following the date of release. Prior to providing access to the Virtual Server, the Beneficiary will be required to pay in advance the release fee in accordance with Schedule 1. At the end of the 90 calendar day period, Escrow London will terminate the Virtual Server(s) and remove all Beneficiary log-in credentials.
Release of Deposit Materials. If DSI (a) receives notice from Depositor regarding a Section 4.1(b) Release Condition; (b) does not receive Contrary Instructions from the Depositor pursuant to Section 4.3 above; or (c) is provided by Dispute Resolution pursuant to Section 7.3 herein, DSI shall release the Deposit Materials to Beneficiary and all items in the escrow account. However, DSI is entitled to receive any fees due DSI before making the release. Any copying expense in excess of $300 will be chargeable to Beneficiary. This Agreement will terminate upon the release of the Deposit Materials held by DSI.
