Inability to arrange escrow Sample Clauses

Inability to arrange escrow. If, despite using its best endeavours under clause 56.1(b), the Service Provider is unable to procure that the parties and the third party software owner enter into an escrow agreement for the Source Materials of the Software, then the parties must use their best endeavours to discuss and agree any potential alternative arrangements or safeguards which may address the Nominal Insurer's concerns and mitigate the risks associated with a Trigger Event occurring. If the parties are unable to agree any such arrangements or safeguards, then the Service Provider must not enter into the relevant licence and the parties will not enter into the Statement of Work under which the relevant Software was to be supplied unless and until the Nominal Insurer waives its requirements in respect of escrow insofar as they relate to the relevant Software, or the parties have agreed upon the use of any alternative software for which escrow is available in relation to the icare Solution.
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Related to Inability to arrange escrow

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