Common use of Access to Source Code Clause in Contracts

Access to Source Code. Within twenty (20) business days following execution of this Agreement, the source code for the Products shall be placed in escrow with an institution or entity satisfactory to ITI and HYLAND under an escrow arrangement which assures to ITI access to the source code in the event of the discontinuance of business activities by HYLAND, its permitted successors or assigns, or the termination of this Agreement. Such deposit in escrow shall be made pursuant to such documentation or agreements as ITI and HYLAND and the escrow agent may agree and shall allow ITI's use of the source code to support its Customers and to continue to market the Products as herein contemplated provided, however, if ITI's access to the source code occurs as a consequence of ITI's voluntary termination of this Agreement without an Event of Default, as hereinafter defined, on the part of HYLAND having occurred and not been cured as permitted in Section 7.6, then ITI's use of the source code shall be restricted to support of its Customers and ITI shall not then be entitled to continue to market the Products. HYLAND shall update the source code in escrow on a continuing basis to keep it current with the then current version of the Products.