SOURCE CODE IN ESCROW. 11.1. The parties agree that source code is not required to be placed in escrow.
SOURCE CODE IN ESCROW. At such time as the Portal is operational and in use, Corcentric shall deposit in escrow a copy of the source code to the Application in escrow at the parties’ shared expense at a secure remote site reasonably accessible to DTNA with an escrow agent reasonably acceptable to both parties, and having DTNA as a named beneficiary. During the term of this Agreement, Concentric shall periodically make additional deposits into escrow of the Application including Maintenance Changes, Upgrades, and Enhancements licensed by DTNA. In the event of Corcentric’s insolvency, bankruptcy, receivership, dissolution, or failure to continue as a going concern, which results in a failure by Corcentric to provide services to End Users without timely cure in accordance with the provisions of Section 11.2 (a “Release Event”), the source code shall be made available to DTNA for its internal use, modification and implementation without cost to DTNA, for limited period of time not to exceed one hundred eighty days (180 days) in order to allow DTNA to transition to a new system. Except upon the occurrence of a Release Event, DTNA will have no rights to access or otherwise use the source code to the Application. Notwithstanding the deposit of source code into escrow, or the potential delivery of the source code to DTNA by the escrow agent, DTNA shall not acquire any ownership or other right in the Application, the Corcentric Technology, or the source code beyond that provided for in this Agreement, and all such items delivered by the Escrow Agent to DTNA shall be deemed Corcentric’s Confidential Information subject to the confidentiality provisions of Section 12 of this Agreement. It is the intent of this provision that there be no potential disruption of the Application to End Users. This provision shall survive termination of this Agreement or insolvency of Corcentric, to the extent necessary to protect DTNA.
SOURCE CODE IN ESCROW. 11.1. The Licensor’s default position is to not place the source code for the Software in escrow. Should the Licensee require source code escrow, the full cost of setting up and maintaining the escrow account shall be borne by the Licensee.
SOURCE CODE IN ESCROW. 11.1. The parties agree that somce code is not required to be placed in escrow.
SOURCE CODE IN ESCROW. If requested by the OIPC, the Vendor must deliver to the OIPC or put in place for the OIPC, at no additional charge, whatever escrow arrangements, if any, it usually puts in place for its customers, and must give the OIPC, within thirty (30) days from the date of the request, a copy of the agreement either to the OIPC or to any escrow agent which sets out the conditions under which the escrow is authorized to release the source code to the OIPC.
SOURCE CODE IN ESCROW a. No rights are granted or licensed hereunder with respect to the Source Code for the Licensed Program(s), except that ATG shall, at Sun's Notice, place one copy of the Source Code for the Licensed Program(s) and Source Documentation with an escrow agent chosen by ATG and deemed acceptable by Sun, who shall be directed to release a copy of the Source Code and Documentation to the Licensed Program(s) to Sun, at Sun's expense, upon the occurrence of any of the events described in section 2.6(b), below. Upon occurrence of an event described in section 2.6(b), below, Sun shall have a nonexclusive right to use, modify and make working copies of the Source Code and Documentation solely for the purposes of supporting and maintaining the Licensed Program(s) and subject to the restrictions set forth in this Agreement.
b. Access to such escrowed Source Code and Documentation shall, however, not be available to Sun until such time as ATG shall (i) fail to supply Support Services for a period of three (3) consecutive months (ii) voluntarily terminate its business operations; (iii) file a voluntary petition for bankruptcy.
