Right to Use Following Release. Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement and/or Master Services Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Material in accordance with this Agreement. Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Material. EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO THREE-PARTY MASTER ESCROW SERVICE AGREEMENT (NOTE: TO BE COMPLETED ONLY IF DEPOSITOR ESTABLISHED A THREE-PARTY MASTER ESCROW SERVICE AGREEMENT) (“Depositor”) has entered into a Three-Party Master Escrow Service Agreement with Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”). Pursuant to that Agreement, Depositor may deposit certain Deposit Material with Iron Mountain. Depositor desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, Iron Mountain will establish a separate account for the new Deposit Material. The new account will be referenced by the following name: . Depositor hereby agrees that all terms and conditions of the existing Three-Party Master Escrow Service Agreement previously entered into by Depositor and Iron Mountain will govern this account. The termination or expiration of any other account of Depositor will not affect this account. CHOOSE ONE: Â DEPOSITOR or ÂBENEFICIARY IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. SIGNATURE: SIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx EXHIBIT E ENROLLMENT FORM Depositor, Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), hereby acknowledge that is the ¨ “Depositor” or ¨ “Beneficiary” referred to in the Three-Party Master Escrow Service Agreement that supports Deposit Account Number: with Iron Mountain as the escrow agent and is the ¨ Depositor or ¨ Beneficiary enrolling under this Agreement. ¨ “Depositor” or ¨ “Beneficiary” hereby agrees to be bound by all provisions of such Agreement. AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS STREET ADDRESS STREET ADDRESS PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS STXXXX XXXXXXX 0 XXXXXXXX/XXXX/XXXXX XXXXXX/XXX CODE PHONE NUMBER FAX NUMBER All notices should be sent to xxxxxxxxxxxx@xxxxxxxxxxxx.xxx OR Iron Mountain, Attn: Contract Administration, 2100 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxx, 00000, XXX. NOTE: SIGNATURE BLOCKS FOLLOW ON THE NEXT PAGE SIGNATURE: SIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx ESCROW DEPOSIT QUESTIONNAIRE From time to time, technology escrow beneficiaries may exercise their right to perform verification services. This is a service that Iron Mountain provides for the purpose of validating relevance, completeness, currency, accuracy and functionality of deposit materials.
Appears in 1 contract
Right to Use Following Release. Beneficiary has Notwithstanding the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement and/or Master Services Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Material in accordance with Materials under this Agreement. , Beneficiary shall be obligated only have such right to maintain the confidentiality of Deposit Materials as set forth in the released Deposit MaterialLicense Agreement. * * * Indicates that confidential treatment has been sought for this information. 127 EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO THREE-PARTY MASTER ESCROW SERVICE AGREEMENT (NOTE: TO BE COMPLETED ONLY IF DEPOSITOR ESTABLISHED A THREE-PARTY MASTER ESCROW SERVICE AGREEMENT) (“DepositorBeneficiary”) has entered into a Three-Party Master Escrow Service Agreement with Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”). Pursuant to that Agreement, Depositor may deposit certain Deposit Material with Iron Mountain. Depositor Beneficiary desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, Iron Mountain will establish a separate account for the new Deposit Material. The new account will be referenced by the following name: . Depositor Beneficiary hereby agrees that all terms and conditions of the existing Three-Party Master Escrow Service Agreement previously entered into by Depositor Beneficiary and Iron Mountain will govern this account. The termination or expiration of any other account of Depositor Beneficiary will not affect this account. CHOOSE ONE: Â DEPOSITOR or ÂBENEFICIARY IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. SIGNATURE: SIGNATURESignature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx AUTHORIZED PERSON(S)/NOTICES TABLE Please provide the name(s) and contact information of the Authorized Person(s) under this Agreement. All Notices will be sent electronically and/or through regular mail to the appropriate address set forth below. PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS XXXXXX XXXXXXX 0 XXXXXX XXXXXXX 1 PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER * * * Indicates that confidential treatment has been sought for this information. 128 EXHIBIT E ENROLLMENT FORM Depositor, Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), hereby acknowledge that Hitachi Data Systems Corporation is the ¨ “Depositor” or ¨ “Beneficiary” Beneficiary referred to in the Master Three-Party Escrow Services Agreement (Master Escrow Service Agreement that supports Deposit Account Number: 29726-7022) with Iron Mountain as the escrow agent and BlueArc Corporation is the ¨ Depositor or ¨ Beneficiary enrolling under this Agreement. ¨ “Depositor” or ¨ “Beneficiary” Depositor hereby agrees to be bound by all provisions of such Agreement by signing this Exhibit E. All parties to the Agreement (excluding any Depositor other than BlueArc Corporation) agree to amend the agreement as follows solely in connection with the Deposit Account Number specified above. Defined terms used herein and not otherwise defined shall have the meanings set forth in the License Agreement. The Release Conditions are as follows:
(a) a receiver or trustee is appointed for Depositor;
(b) Depositor becomes insolvent, admits in writing its inability to pay debts as they mature, is adjudicated bankrupt, or makes an assignment for the benefit of its creditors or another arrangement of similar import;
(c) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced against Depositor and are not released within sixty (60) days,
(d) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced by Depositor,
(e) an entry of an order for relief by or on behalf of Depositor under Chapter 7 or Chapter 11 of the Bankruptcy Code;
(f) Depositor has suspended or ceased its on-going business operations or that portion of its business operations relating to the sale or Support (as defined in the License Agreement) of the Products (as defined in the License Agreement);
(g) there is a Maintenance Lapse (as defined in the License Agreement); or
(h) Beneficiary has requested Iron Mountain to release to Beneficiary the Deposit Materials in accordance with Section 3.8 of the License Agreement and the conditions of Section 3.8 of the License Agreement have been met. DEPOSITOR COMPANY NAME: DEPOSITOR AUTHORIZED PERSON(S)/NOTICES TABLE * * * Indicates that confidential treatment has been sought for this information. 129 PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS XXXXXX XXXXXXX XXXXXX XXXXXXX PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER PAYING PARTY COMPANY NAME: HITACHI DATA SYSTEMS CORPORATION BENEFICIARY AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS STREET ADDRESS STREET ADDRESS XXXXXX XXXXXXX XXXXXX XXXXXXX PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS STXXXX XXXXXX XXXXXXX 0 XXXXXXXX/XXXX/XXXXX XXXXXX/XXX CODE PHONE NUMBER FAX NUMBER All notices should be sent to xxxxxxxxxxxx@xxxxxxxxxxxx.xxx OR Iron Mountain, Attn: Contract Administration, 2100 0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxx, 00000, XXX. NOTE: SIGNATURE BLOCKS FOLLOW ON THE NEXT PAGE * * * Indicates that confidential treatment has been sought for this information. 130 The Parties agree that this Agreement is the complete agreement between the Parties hereto concerning the subject matter of this Agreement and replaces any prior or contemporaneous oral or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Each of the Parties herein represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in this Agreement. This Agreement may only be modified by mutual written agreement of the Parties. SIGNATURE: SIGNATURESignature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx ESCROW DEPOSIT QUESTIONNAIRE From time * * * Indicates that confidential treatment has been sought for this information. 131 * * * Indicates that confidential treatment has been sought for this information. 132 * * * Indicates that confidential treatment has been sought for this information. 133 * * * Indicates that confidential treatment has been sought for this information. 134 This Warrant is issued to timeHitachi Data Systems, technology escrow beneficiaries may exercise their right to perform verification services. This is Inc. (“HDS”) by BlueArc Corporation, a service that Iron Mountain provides for Delaware corporation (the purpose of validating relevance“Company”), completeness, currency, accuracy and functionality of deposit materialsin connection with revenues received from HDS.
Appears in 1 contract
Right to Use Following Release. Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement and/or Master Services Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Material in accordance with this Agreement. Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Material. EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO THREE-PARTY MASTER ESCROW SERVICE AGREEMENT (NOTE: TO BE COMPLETED ONLY IF DEPOSITOR ESTABLISHED A THREE-PARTY MASTER ESCROW SERVICE AGREEMENT) (“Depositor”) has entered into a Three-Party Master Escrow Service Agreement with Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”). Pursuant to that Agreement, Depositor may deposit certain Deposit Material with Iron Mountain. Depositor desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution [***] Portions of this Exhibit Eexhibit have been omitted pursuant to a request for confidential treatment filed pursuant to Rule 24b-2 promulgated under the Securities Exchange Act of 1934, Iron Mountain will establish a separate account for as amended, and the new Deposit Materialomitted portions represented by [***] have been separately filed with the Securities and Exchange Commission. The new account will be referenced by the following name: . Depositor hereby agrees that all terms and conditions of the existing Three-Party Master Escrow Service Agreement previously entered into by Depositor and Iron Mountain will govern this account. The termination or expiration of any other account of Depositor will not affect this account. CHOOSE ONE: Â DEPOSITOR or ÂBENEFICIARY IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. SIGNATURE: SIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx EXHIBIT E ENROLLMENT FORM Depositor, Enrollment Form Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), ) hereby acknowledge that Depositor Company Name: _______________________________is the ¨ “Depositor” or ¨ “Beneficiary” referred to in the Three-Party Master Escrow Service Agreement that supports Deposit Account NumberDEPOSIT ACCOUNT NUMBER: with Iron Mountain as the escrow agent and is the ¨ _____________________________. Depositor or ¨ Beneficiary enrolling under this Agreement. ¨ “Depositor” or ¨ “Beneficiary” hereby agrees to be bound by all provisions of such Agreement. AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS STREET ADDRESS STREET ADDRESS PROVINCEService Check box(es) to order service Service Description-Master Three Party Escrow Agreement - Beneficiary All services are listed below. Services in shaded tables are required for every new escrow account set up. Some services may not be available under the Agreement. One-Time Fees Annual Fees Paying Party Check box to identify the Paying Party oAdd Additional Deposit Account and Beneficiary enrollment Iron Mountain will set up one additional deposit account to manage and administrate access to new Deposit Material that will be securely stored in controlled media vaults in accordance with the service description above and the Agreement that governs the Initial Deposit Account. Iron Mountain will fulfill a Work Request to add a new Beneficiary to an escrow deposit account in accordance with the service description above and the Agreement. $1,700 oDepositor -or oBeneficiary oAdd Deposit Tracking Notification At least semi-annually, Iron Mountain will send an update reminder to Depositor. Thereafter, Beneficiary will be notified of last deposit. N/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS STXXXX XXXXXXX 0 XXXXXXXX/XXXX/XXXXX XXXXXX/XXX CODE PHONE NUMBER FAX NUMBER All notices should A $375 oDepositor or oBeneficiary oAdd File List (Verification Report) Iron Mountain will fulfill a Work Request to provide a File Listing Report, which includes a deposit media readability analysis, a file listing, a file classification table, virus scan outputs, and assurance of completed deposit questionnaire. A final report will be sent to xxxxxxxxxxxx@xxxxxxxxxxxx.xxx OR Iron Mountainthe Paying Party regarding the Deposit Material to ensure consistency between Depositor’s representations (i.e., Attn: Contract AdministrationExhibit B and Deposit Questionnaire) and stored Deposit Material. Deposit must be provided on CD, 2100 Xxxxxxxx XxxxxxxDVD-R, Xxxxx 000or deposited by sFTP. $2,500 N/A oDepositor-or oBeneficiary Depositor Beneficiary [***] Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed pursuant to Rule 24b-2 promulgated under the Securities Exchange Act of 1934, Xxxxxxxxas amended, Xxxxxxx, 00000, XXX. NOTE: SIGNATURE BLOCKS FOLLOW ON THE NEXT PAGE SIGNATURE: SIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx ESCROW DEPOSIT QUESTIONNAIRE From time to time, technology escrow beneficiaries may exercise their right to perform verification services. This is a service that Iron Mountain provides for and the purpose of validating relevance, completeness, currency, accuracy omitted portions represented by [***] have been separately filed with the Securities and functionality of deposit materialsExchange Commission.
Appears in 1 contract
Samples: Original Equipment Manufacturing and License Agreement (Avistar Communications Corp)
Right to Use Following Release. Beneficiary has Notwithstanding the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement and/or Master Services Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Material in accordance with Materials under this Agreement. , Beneficiary shall be obligated only have such right to maintain the confidentiality of Deposit Materials as set forth in the released Deposit MaterialLicense Agreement. * * * Indicates that confidential treatment has been sought for this information. 123 EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO THREE-PARTY MASTER ESCROW SERVICE AGREEMENT (NOTE: TO BE COMPLETED ONLY IF DEPOSITOR ESTABLISHED A THREE-PARTY MASTER ESCROW SERVICE AGREEMENT) (“DepositorBeneficiary”) has entered into a Three-Party Master Escrow Service Agreement with Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”). Pursuant to that Agreement, Depositor may deposit certain Deposit Material with Iron Mountain. Depositor Beneficiary desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, Iron Mountain will establish a separate account for the new Deposit Material. The new account will be referenced by the following name: . Depositor Beneficiary hereby agrees that all terms and conditions of the existing Three-Party Master Escrow Service Agreement previously entered into by Depositor Beneficiary and Iron Mountain will govern this account. The termination or expiration of any other account of Depositor Beneficiary will not affect this account. CHOOSE ONE: Â DEPOSITOR or ÂBENEFICIARY IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. SIGNATURE: SIGNATURESignature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx AUTHORIZED PERSON(S)/NOTICES TABLE Please provide the name(s) and contact information of the Authorized Person(s) under this Agreement. All Notices will be sent electronically and/or through regular mail to the appropriate address set forth below. PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS XXXXXX XXXXXXX 0 XXXXXX XXXXXXX 1 PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER * * * Indicates that confidential treatment has been sought for this information. 124 EXHIBIT E ENROLLMENT FORM Depositor, Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), hereby acknowledge that Hitachi Data Systems Corporation is the ¨ “Depositor” or ¨ “Beneficiary” Beneficiary referred to in the Master Three-Party Escrow Services Agreement (Master Escrow Service Agreement that supports Deposit Account Number: 29726-7022) with Iron Mountain as the escrow agent and BlueArc Corporation is the ¨ Depositor or ¨ Beneficiary enrolling under this Agreement. ¨ “Depositor” or ¨ “Beneficiary” Depositor hereby agrees to be bound by all provisions of such Agreement by signing this Exhibit E. All parties to the Agreement (excluding any Depositor other than BlueArc Corporation) agree to amend the agreement as follows solely in connection with the Deposit Account Number specified above. Defined terms used herein and not otherwise defined shall have the meanings set forth in the License Agreement. The Release Conditions are as follows:
(a) a receiver or trustee is appointed for Depositor;
(b) Depositor becomes insolvent, admits in writing its inability to pay debts as they mature, is adjudicated bankrupt, or makes an assignment for the benefit of its creditors or another arrangement of similar import;
(c) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced against Depositor and are not released within sixty (60) days,
(d) proceedings under bankruptcy or insolvency laws for the purposes of bankruptcy, reorganization or liquidation are commenced by Depositor,
(e) an entry of an order for relief by or on behalf of Depositor under Chapter 7 or Chapter 11 of the Bankruptcy Code;
(f) Depositor has suspended or ceased its on-going business operations or that portion of its business operations relating to the sale or Support (as defined in the License Agreement) of the Products (as defined in the License Agreement);
(g) there is a Maintenance Lapse (as defined in the License Agreement); or
(h) Beneficiary has requested Iron Mountain to release to Beneficiary the Deposit Materials in accordance with Section 3.8 of the License Agreement and the conditions of Section 3.8 of the License Agreement have been met. DEPOSITOR COMPANY NAME: DEPOSITOR AUTHORIZED PERSON(S)/NOTICES TABLE * * * Indicates that confidential treatment has been sought for this information. 125 PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS XXXXXX XXXXXXX XXXXXX XXXXXXX PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER PAYING PARTY COMPANY NAME: HITACHI DATA SYSTEMS CORPORATION BENEFICIARY AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS STREET ADDRESS STREET ADDRESS XXXXXX XXXXXXX XXXXXX XXXXXXX PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS STXXXX XXXXXX XXXXXXX 0 XXXXXXXX/XXXX/XXXXX XXXXXX/XXX CODE PHONE NUMBER FAX NUMBER All notices should be sent to xxxxxxxxxxxx@xxxxxxxxxxxx.xxx OR Iron Mountain, Attn: Contract Administration, 2100 0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxx, 00000, XXX. NOTE: SIGNATURE BLOCKS FOLLOW ON THE NEXT PAGE * * * Indicates that confidential treatment has been sought for this information. 126 The Parties agree that this Agreement is the complete agreement between the Parties hereto concerning the subject matter of this Agreement and replaces any prior or contemporaneous oral or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Each of the Parties herein represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in this Agreement. This Agreement may only be modified by mutual written agreement of the Parties. SIGNATURE: SIGNATURESignature: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx ESCROW DEPOSIT QUESTIONNAIRE From time * * * Indicates that confidential treatment has been sought for this information. 127 * * * Indicates that confidential treatment has been sought for this information. 128 * * * Indicates that confidential treatment has been sought for this information. 129 * * * Indicates that confidential treatment has been sought for this information. 130 This Warrant is issued to timeHitachi Data Systems, technology escrow beneficiaries may exercise their right to perform verification services. This is Inc. (“HDS”) by BlueArc Corporation, a service that Iron Mountain provides for Delaware corporation (the purpose of validating relevance“Company”), completeness, currency, accuracy and functionality of deposit materialsin connection with revenues received from HDS.
Appears in 1 contract
Right to Use Following Release. Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement and/or Master Services Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Material in accordance with this Agreement. Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Material. EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO THREE-PARTY MASTER ESCROW SERVICE AGREEMENT (NOTE: TO BE COMPLETED ONLY IF DEPOSITOR ESTABLISHED A THREE-PARTY MASTER ESCROW SERVICE AGREEMENT) Initial Deposit Account Number: (“Depositor”) has entered into a Three-Party Master Escrow Service Agreement with Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”). Pursuant to that Agreement, Depositor may deposit certain Deposit Material with Iron Mountain. Depositor desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, Iron Mountain will establish a separate account for the new Deposit Material. The new account will be referenced by the following name: . Depositor hereby agrees that all terms and conditions of the existing Three-Party Master Escrow Service Agreement previously entered into by Depositor and Iron Mountain will govern this account. The termination or expiration of any other account of Depositor will not affect this account. CHOOSE ONE: Â DEPOSITOR or ÂBENEFICIARY IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. SIGNATURE: SIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx EXHIBIT E ENROLLMENT FORM Depositor, Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), hereby acknowledge that is the ¨ “Depositor” or ¨ “Beneficiary” referred to in the Three-Party Master Escrow Service Agreement that supports Deposit Account Number: with Iron Mountain as the escrow agent and is the ¨ Depositor or ¨ Beneficiary enrolling under this Agreement. ¨ “Depositor” or ¨ “Beneficiary” hereby agrees to be bound by all provisions of such Agreement. AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS EMAIL ADDRESS STREET ADDRESS STREET ADDRESS PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE POSTAL/ZIP CODE PHONE NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE PRINT NAME: TITLE: EMAIL ADDRESS STXXXX XXXXXXX 0 XXXXXXXX/XXXX/XXXXX XXXXXX/XXX CODE PHONE NUMBER FAX NUMBER All notices should be sent to xxxxxxxxxxxx@xxxxxxxxxxxx.xxx OR Iron Mountain, Attn: Contract Administration, 2100 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxx, 00000, XXX. NOTE: SIGNATURE BLOCKS FOLLOW ON THE NEXT PAGE SIGNATURE: SIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx ESCROW DEPOSIT QUESTIONNAIRE From time to time, technology escrow beneficiaries may exercise their right to perform verification services. This is a service that Iron Mountain provides for the purpose of validating relevance, completeness, currency, accuracy and functionality of deposit materials.xxxxxxxxxxxx@xxxxxxxxxxxx.xxx
Appears in 1 contract
Samples: Master Services Agreement
Right to Use Following Release. Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement and/or Master Services Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Material in accordance with this Agreement. Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Material. EXHIBIT D AUXILIARY DEPOSIT ACCOUNT TO THREE-PARTY MASTER ESCROW SERVICE AGREEMENT Deposit Account Number: 34000 Auxiliary Account Number __________________________ (NOTE: TO BE COMPLETED ONLY IF DEPOSITOR ESTABLISHED A THREE-PARTY MASTER ESCROW SERVICE AGREEMENT) “Beneficiary”), __________________________ (“Depositor”) has entered into a Three-Party Master Escrow Service Agreement with ), and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”) have entered into the above referenced Escrow Agreement (“Agreement”). Pursuant to that Agreement, Agreement Beneficiary or Depositor may create additional deposit certain accounts (“Auxiliary Deposit Account”) for the purpose of holding additional Deposit Material with Iron Mountain. Depositor desires that new Deposit Material be held in a separate account and be maintained separately from the initial account. By execution of this Exhibit E, which Iron Mountain will establish a separate account for the new Deposit Materialmaintain separately from other deposit accounts under this Agreement. The new account will be referenced by the following name: __________________________ (“Deposit Account Name”). Pursuant to the Agreement, Depositor may submit material to be held in this Auxiliary Deposit Account by submitting a properly filled out Exhibit B with the Deposit Material to Iron Mountain. For avoidance of doubt, Beneficiary’s rights and obligations relative to the Deposit Material held in any deposit account under this Agreement are governed by the express terms of the Agreement; this form does not provide any additional rights in the Deposit Material. The undersigned hereby agrees that all terms and conditions of the existing Three-Party Master above referenced Escrow Service Agreement previously entered into by Depositor and Iron Mountain will govern this accountAuxiliary Deposit Account. The termination or expiration of any other deposit account of Depositor will not affect this account. CHOOSE ONE: Â [ ] DEPOSITOR or ÂBENEFICIARY [ ] BENEFICIARY IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. SIGNATURE: SIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx EXHIBIT E xxxxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC. All notices should be sent to xxxxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx OR Iron Mountain Intellectual Property Management, Inc., Attn: Client Services, 0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxx, 00000, XXX. ENROLLMENT FORM Depositor, Beneficiary and Iron Mountain Intellectual Property Management, Inc. (“Iron Mountain”), ) hereby acknowledge that DEPOSITOR COMPANY NAME: _______________is the ¨ “Depositor” or ¨ “Beneficiary” referred to in the Three-Party Master Escrow Service Agreement that supports Deposit Account NumberDEPOSIT ACCOUNT NUMBER: with Iron Mountain as the escrow agent and is the ¨ _______________. Depositor or ¨ Beneficiary enrolling under this Agreement. ¨ “Depositor” or ¨ “Beneficiary” hereby agrees to be bound by all provisions of such Agreement. DEPOSITOR AUTHORIZED PERSON(S)/NOTICES TABLE PRINT NAME: PRINT NAME: TITLE: TITLE: EMAIL ADDRESS COMPANY EMAIL ADDRESS STREET ADDRESS STREET ADDRESS PROVINCE/CITY/STATE PROVINCE/CITY/STATE POSTAL/ZIP CODE PHONE NUMBER FAX NUMBER PAYING PARTY COMPANY NAME: PACESETTER, INC. (DBA ST. JUDE MEDICAL – CRMD) BILLING CONTACT INFORMATION TABLE Please provide the name and contact information of the Billing Contact under this Agreement. All Invoices will be sent to this individual at the address set forth below. PRINT NAME: Xxxxx Xxxxxxxxx TITLE: A/P Specialist EMAIL ADDRESS xxxxxxxxxx@xxx.xxx COMPANY St. Jude Medical – CRMD STREET ADDRESS 15900 Valley View Court PROVINCE/CITY/STATE Sylmar, California POSTAL/ZIP CODE 91342 PHONE NUMBER PHONE NUMBER 000-000-0000 FAX NUMBER FAX NUMBER BILLING CONTACT INFORMATION TABLE 000-000-0000 3PM-B ver.09012006 Page 13 of 15 ACCEPTANCE & AGREEMENT: SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS STXXXX XXXXXXX 0 XXXXXXXX/XXXX/XXXXX XXXXXX/XXX CODE PHONE NUMBER FAX NUMBER SIGNATURE: /s/ XXXX CHATEAU PRINT NAME: Xxxx Chateau TITLE: VP Supply Line Management DATE: 3-14-08 EMAIL ADDRESS xxxxxxxx@xxx.xxx SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: xxxxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx All notices to Iron Mountain Intellectual Property Management, Inc. should be sent to xxxxxxxxxxxx@xxxxxxxxxxxx.xxx OR xxxxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx OR, Iron MountainMountain Intellectual Management, Inc. Attn: Contract AdministrationClient Services, 2100 0000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxx, 00000, XXX. NOTE: SIGNATURE BLOCKS FOLLOW ON THE NEXT PAGE SIGNATURE: SIGNATURE: PRINT NAME: PRINT NAME: TITLE: TITLE: DATE: DATE: EMAIL ADDRESS EMAIL ADDRESS: SIGNATURE: PRINT NAME: TITLE: DATE: EMAIL ADDRESS: xxxxxxxxxxxx@xxxxxxxxxxxx.xxx XXX EXHIBIT Q ESCROW DEPOSIT QUESTIONNAIRE From time to time, technology escrow beneficiaries may exercise their right to perform verification services. This is a service that Iron Mountain provides for the purpose of validating relevance, completeness, currency, accuracy and functionality of deposit materials.QUESTIONNAIRE
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