Software Issues. Data Virtuality will review Licensed Software issues identified by Client on a case-by-case basis. If Data Virtuality determines that a problem exists in the Licensed Software, Data Virtuality will either advise Client of plans for an Update or Upgrade containing a fix for the problem or, at its sole discretion, and dependent upon the nature of the problem and the impact to Client’s use of the Licensed Software, make available to Client a temporary patch or workaround during a maintenance window time period mutually agreed upon by Data Virtuality and Client.
Software Issues. Prior to the Closing, Seller and Buyer shall use commercially reasonable efforts to cooperate to obtain written consents and acknowledgements from each third-party licensor of each piece of Software that may be required in order to evidence that Buyer has or will have by the Closing either a license with such third-party licensor or a sublicense under the Transition Services Agreement sufficient to allow Buyer to use such Software during the term set forth in the Transition Services Agreement and, with respect to the Software identified in Schedule 7.11, to allow Seller and its Affiliates to sell, transfer, convey and deliver to Buyer all Equipment upon which such Software is loaded without obligating Seller or its Affiliates to remove such Software from such Equipment prior to the sale, transfer, conveyance and delivery thereof; provided, however, that Seller and its Affiliates shall have no obligation to pay money or grant any accommodation to any third party in order to obtain any such consents and acknowledgements, except to the extent that Buyer agrees to reimburse Seller or such Affiliate for any such payment made by Seller or such Affiliate at the request of Buyer. With respect to any item identified in Schedule 7.11 for which the applicable third-party licensor would not provide such consents and acknowledgements prior to the Closing, Seller and its Affiliates shall have the right to remove such identified Software from Equipment prior to the Closing Date; provided, however, that, subject to the proviso in the preceding sentence, Seller and its Affiliates shall use commercially reasonable efforts to make the benefits of such Software license agreements available to Buyer.
Software Issues. 47 Section 7.12
Software Issues. (i) Prior to the Closing, Target and Buyer shall cooperate to obtain written consents and acknowledgements from each third-party licensor of each piece of software identified in Exhibit I as being “Licensed to Target” evidencing that Target can assign the applicable license agreement (or applicable portion thereof) to Mervyn’s in connection with the transactions contemplated by this Agreement; provided, however, that Target shall have no obligation to pay money or grant any accommodation in order to obtain any such consents and acknowledgements.
(ii) Except for items for which consent and acknowledgement under Section 8(n)(i) has been obtained prior to the Closing: (A) prior to the Closing, Target and Buyer shall cooperate to obtain written consents and acknowledgements from each third-party licensor of each piece of software identified on Section 8(n) of the Disclosure Schedule evidencing that Mervyn’s has or will have by the Closing either a license with such third-party licensor, or a sublicense under the Transition Services Agreement, sufficient to allow Mervyn’s to use such software during the Transition Period (as such term is defined in the Transition Services Agreement) and to allow a change of control of Mervyn’s without obligating Target or Mervyn’s to remove such software from any equipment before such change of control; provided, however, that Target shall have no obligation to pay money or grant any accommodation in order to obtain any such consents and acknowledgements; and (B) with respect to any item identified on Section 8(n) of the Disclosure Schedule for which the applicable third-party licensor would not provide such consents and acknowledgements prior to the Closing, then Target shall have the right to remove such identified software from such equipment before the Closing Date.
(iii) At the Closing, Target and Mervyn’s will execute a nonexclusive, perpetual, sublicensable, royalty-free license agreement granting Target Affiliates rights to the software owned by (as opposed to licensed to) Mervyn’s, containing terms and conditions substantially as set forth in Exhibit J hereto.
Software Issues. 8.3(a) Offers of Employment 8.3(b) Individual Employment Agreements ASSET PURCHASE AGREEMENT ASSET PURCHASE AGREEMENT, dated as of April 28, 2005 (this "Agreement"), by and between Saks Incorporated, a Tennessee corporation ("Seller"), and Xxxx, Inc., a Delaware corporation ("Buyer").
Software Issues. In the case of a software Defect, the remedy may consist of a software patch, update, upgrade or new software version. If the Cost of remedying the Defect is disproportionate to the nature of the Defect or its magnitude, the Contractor shall have the option of offering a reduction of the Contract Price. The Employer however is not obliged to accept such an offer, but may instead terminate the Contract in accordance with Article 55.10 if the Defect is of material importance to the Employer.
Software Issues. SOTI shall provide bug fixes solely to the most recent revisions of the last two (2) major versions of the Software.
Software Issues. Verification and approval of intellectual property (software and all related source codes and other documentation) exist and can be delivered to Buyer, which condition Buyer agrees has already been satisfied;
