Common use of Escrow of Source Code Clause in Contracts

Escrow of Source Code. Red Brick agrees that upon the request of a --------------------- licensee of Licensee or its Resellers (known as an "End User"), which End User has licensed all or any part of the Licensed Software, Red Brick will allow Licensee or its Resellers to place into an escrow one (1) copy of the latest version of the source code of all Licensed Software licensed to such End User, together with all related programmer documentation, instructions, flow charts and other materials necessary for a reasonably skilled programmer or analyst to use the said source code to maintain and modify the Licensed Software licensed to such End User, without the assistance of other persons or reference to other persons (the "Source Code Materials"). Red Brick shall promptly supplement said deposit with Source Code Materials for any new Updates, releases or additional products licensed to Licensee, and sublicensed by Licensee or its Resellers to End User during the term of this Agreement. The deposit will be pursuant to the terms of an agreement (the "Escrow Agreement") among Licensee or its Resellers, End User and a third party escrow firm of national reputation specializing in software escrows ("Escrow Agent") and will be in a form mutually acceptable to such Licensee or its Resellers, End User and Escrow Agent. In the event such an Escrow Agreement is established, Red Brick hereby grants to the Licensee, its Resellers and the End User for whose benefit the escrow is established the license rights to the Licensed Software which are granted pursuant to the Escrow Agreement.