Common use of Informatics Software Clause in Contracts

Informatics Software. Notwithstanding the foregoing, the escrow instructions shall provide for a release of the source code to Customer of the Informatics Software only upon the occurrence of (a) the filing of a Chapter 7 bankruptcy petition by IM, or a petition by IM to convert a Chapter 11 filing to a Chapter 7 filing; (b) the cessation of business operations by IM; or (c) the failure on the part of IM to comply with its contractual obligations to Customer to comply with its maintenance and support obligations for a period of more than ninety (90) days after it has received written. notice of said breach. Any dispute between the parties over whether an event has occurred that would trigger a release of source code to Customer pursuant to the source code escrow instructions shall be resolved pursuant to Section 12.16. In the event of a release of Informatics Software source code pursuant to this section, said source code shall continue to be the Confidential Information of IM or its successor in interest. In the event of a release of source code to Customer from escrow, Customer may only use, copy and/or modify the source code consistent with the purposes of this Agreement (or have a contractor who has agreed in writing to confidentiality provisions as restrictive as those set forth in this Agreement do so on its behalf).