USE OF DATA PROCESSING FACILITIES. Subject to the terms (including any limitations and restrictions) of any applicable software or hardware licensing agreement then in effect between Provider and any licensor, Provider shall, upon termination of this Agreement, grant to Company a perpetual license, with payment of a reasonable fee, in any electronic data processing software developed or used by Provider in connection with the services provided to Company hereunder if such software is not commercially available and is necessary, in Company's reasonable judgment, for Company to perform subsequent to termination the functions provided by Provider hereunder.
Appears in 8 contracts
Samples: Administrative Services Agreement (Reliastar Life Insurance Co of New York), Administrative Services Agreement (Separate Account Ny-B of First Golden Amer Life Ins Co of Ny), Administrative Services Agreement (Reliastar Life Insurance Co of New York)