Common use of Contrary Instructions Clause in Contracts

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty (30) calendar days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to Section 7.3 of this Agreement. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.3; or (c) order of a court.

Appears in 3 contracts

Samples: Agreement (Isecuretrac Corp), Agreement (Isecuretrac Corp), Agreement (Isecuretrac Corp)

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Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty (30) calendar ten business days to deliver to DSI contrary instructions (instructions. "Contrary Instructions"). Contrary Instructions " shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to the Dispute Resolution section (Section 7.3 7.3) of this Agreement. Subject to Section 5.2 of this Agreement5.2, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.3the Dispute Resolution provisions; or (c) order of a court.

Appears in 3 contracts

Samples: Master Software License and Services Agreement (Esoft Inc), Service Agreement (Goamerica Inc), Master Software License and Services Agreement (Esoft Inc)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty (30) calendar ten business days to deliver to DSI contrary instructions (Contrary Instructions. "Contrary Instructions"). Contrary Instructions " shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to Section 7.3 Sections 8.G. and 12.A. of this the License Agreement. Subject to Section 5.2 of this Agreement5.2, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute notice of resolution pursuant to Section 7.38.G. of the License Agreement; or (c) order of a court.

Appears in 2 contracts

Samples: Software License and Services Agreement (Omnisky Corp), Software License and Services Agreement (Omnisky Corp)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty (30) calendar days [***] to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, ; DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to Section 7.3 of this Agreement. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.3; or (c) order of a court.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Utstarcom Inc), Stock Purchase Agreement (Interwave Communications International LTD)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty (30) calendar ten business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to Section 7.3 of this Agreement. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.3; or (c) order of a court.

Appears in 2 contracts

Samples: Document Software License and Maintenance Agreement (Interdent Inc), Preferred Agreement (Claimsnet Com Inc)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty (30) calendar twenty business days to deliver to DSI contrary instructions (Contrary Instructions. "Contrary Instructions"). Contrary Instructions " shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to Section 7.3 the Dispute Resolution section of this AgreementAgreement (Section 7.3). Subject to Section 5.2 of this Agreement5.2, DSI will continue to in store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.3the Dispute Resolution provisions; or (c) order of a court.

Appears in 2 contracts

Samples: Software License and Professional Services Agreement (Speechworks International Inc), Software License and Professional Services Agreement (Speechworks International Inc)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty ten (3010) calendar business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to the Section 7.3 7.4 of this Agreement. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending pending: (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.37.4; or (c) order from a court of a courtcompetent jurisdiction.

Appears in 1 contract

Samples: Software License Agreement (Comverge, Inc.)

Contrary Instructions. From the date DSI mails the notice requesting --------------------- release of the Deposit Materials, Depositor shall have thirty (30) calendar ten business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to the Section 7.3 of this Agreement7.3. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.3; or (c) order of a court.

Appears in 1 contract

Samples: Licensing Agreement (Andrea Electronics Corp)

Contrary Instructions. From the date DSI mails the notice requesting ---------------------- release of the Deposit Materials, Depositor shall have thirty (30) calendar business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to the Section 7.3 of this Agreement7.3. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.3; or (c) order of a court.

Appears in 1 contract

Samples: Oem License Agreement (Diversinet Corp)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty ten (3010) calendar business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to Section 7.3 7.4 or 7.5 of this Agreement. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending pending: (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.37.4 or 7.5; or (c) an order from a court of a courtcompetent jurisdiction.

Appears in 1 contract

Samples: License Agreement (Transmeta Corp)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty twenty (3020) calendar business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to the Section 7.3 of this Agreement7.4. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.37.4; or (c) order from a court of a courtcompetent jurisdiction.

Appears in 1 contract

Samples: Supply and License Agreement (Wintegra Inc)

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Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty twenty (3020) calendar business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to the Section 7.3 of this Agreement7.4. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.37.4; or (c) order from a court of a courtcompetent jurisdiction.

Appears in 1 contract

Samples: Supply and License Agreement (Wintegra Inc)

Contrary Instructions. From the date DSI mails Depositor receives the notice requesting release of the Deposit Materials, Depositor shall have thirty ten (3010) calendar business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to the Section 7.3 of this Agreement7.4. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.37.4; or (c) order from a court of a courtcompetent jurisdiction.

Appears in 1 contract

Samples: Development, License and Hosting Agreement (Orbitz Inc)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty (30) calendar [**] days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to Section 7.3 of this Agreement. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.3; or (c) order of a court.

Appears in 1 contract

Samples: Technology and Database License Agreement (Genaissance Pharmaceuticals Inc)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty (30) calendar ten business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to Section 7.3 of this Agreement. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.3; or (c) order of a court, which ever first occurs.

Appears in 1 contract

Samples: Software License Agreement (Vital Images Inc)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty (30) calendar fifteen business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to the Section 7.3 of this Agreement7.3. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.3; or (c) order of a court.

Appears in 1 contract

Samples: Supply and License Agreement (Oasis Semiconductor Inc)

Contrary Instructions. From the date DSI mails the notice requesting release of the Deposit Materials, Depositor shall have thirty ten (3010) calendar business days to deliver to DSI contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary by commercial express mail. Additionally, DSI shall notify both Depositor and Preferred Beneficiary that there is a dispute to be resolved pursuant to Section 7.3 7.4 of this Agreement. Subject to Section 5.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) dispute resolution pursuant to Section 7.37.4; or (c) an order from a court of a courtcompetent jurisdiction.

Appears in 1 contract

Samples: License Agreement (Goamerica Inc)

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