Common use of TERMS OF ELIGIBILITY Clause in Contracts

TERMS OF ELIGIBILITY. As conditions precedent to Mirantis’ obligations under this Section, Customer must: (i) be current in the payment of all fees at the time the Claim (as defined below) is brought; (ii) not be in litigation with, or in receipt of alleged infringement from, a party against whom relief is sought when purchasing Subscription Services; (iii) notify Mirantis promptly, but in no event later than ten (10) days of receipt of any Claim for which relief is sought under this Section; (iv) allow Mirantis to solely control and conduct the defense of the Claim with counsel of its choice and to settle any such Claim at Mirantis’ sole discretion; (v) provide reasonable cooperation with Mirantis in the defense of the Claim; and (vi) has complied with the terms of the Agreement and this Section. For the purposes of this Section 11, “Covered Software” means the Mirantis Hardened Packages, as defined in an Exhibit, available for download through the Mirantis Portal.

TERMS OF ELIGIBILITY. As conditions precedent to Mirantis’ obligations under this Section, Customer must: (i) be current in the payment of all fees at the time the Claim (as defined below) is brought; (ii) not be in litigation with, or in receipt of alleged infringement from, a party against whom relief is sought when purchasing Subscription Services; (iii) notify Mirantis promptly, but in no event later than ten (10) days of receipt of any Claim for which relief is sought under this Section; (iv) allow Mirantis to solely control and conduct the defense of the Claim with counsel of its choice and to settle any such Claim at Mirantis’ sole discretion; (v) provide reasonable cooperation with Mirantis in the defense of the Claim; and (vi) has complied with the terms of the Agreement and this Section. For the purposes of this Section 11, “Covered Software” means the Mirantis Hardened OpenStack Packages, as defined in an Exhibit, available for download through the Mirantis Portal.