Supplier Nonperformance Clause Samples

Supplier Nonperformance. In the event Supplier fails to provide Sun with such Localized Versions following ten (10) business days' notice of non-performance from Sun, Supplier shall provide and license to Sun, at no additional charge, the necessary components to permit Sun to develop such Localized Versions. In the event Sun develops such Localized Versions, Sun will grant to Supplier a non-transferable, non-exclusive, worldwide, royalty-free license to use, reproduce, market and distribute such Localized Versions after Supplier reimburses Sun for its out-of-pocket costs actually incurred for creating the Localized Versions. Any such Localized Versions and localized Documentation shall be owned by Sun but shall, however, be subject to Supplier's pre-existing rights in the Licensed Software and Documentation.