SOURCE CODE IN ESCROW Sample Clauses

SOURCE CODE IN ESCROW. At such time as the Portal is operational and in use, Corcentric shall deposit in escrow a copy of the source code to the Application in escrow at the parties’ shared expense at a secure remote site reasonably accessible to DTNA with an escrow agent reasonably acceptable to both parties, and having DTNA as a named beneficiary. During the term of this Agreement, Concentric shall periodically make additional deposits into escrow of the Application including Maintenance Changes, Upgrades, and Enhancements licensed by DTNA. In the event of Corcentric’s insolvency, bankruptcy, receivership, dissolution, or failure to continue as a going concern, which results in a failure by Corcentric to provide services to End Users without timely cure in accordance with the provisions of Section 11.2 (a “Release Event”), the source code shall be made available to DTNA for its internal use, modification and implementation without cost to DTNA, for limited period of time not to exceed one hundred eighty days (180 days) in order to allow DTNA to transition to a new system. Except upon the occurrence of a Release Event, DTNA will have no rights to access or otherwise use the source code to the Application. Notwithstanding the deposit of source code into escrow, or the potential delivery of the source code to DTNA by the escrow agent, DTNA shall not acquire any ownership or other right in the Application, the Corcentric Technology, or the source code beyond that provided for in this Agreement, and all such items delivered by the Escrow Agent to DTNA shall be deemed Corcentric’s Confidential Information subject to the confidentiality provisions of Section 12 of this Agreement. It is the intent of this provision that there be no potential disruption of the Application to End Users. This provision shall survive termination of this Agreement or insolvency of Corcentric, to the extent necessary to protect DTNA.
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SOURCE CODE IN ESCROW. 11.1. The Licensor’s default position is to not place the source code for the Software in escrow. Should the Licensee require source code escrow, the full cost of setting up and maintaining the escrow account shall be borne by the Licensee.
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SOURCE CODE IN ESCROW. 11.1. The parties agree that somce code is not required to be placed in escrow.
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SOURCE CODE IN ESCROW. If requested by the OIPC, the Vendor must deliver to the OIPC or put in place for the OIPC, at no additional charge, whatever escrow arrangements, if any, it usually puts in place for its customers, and must give the OIPC, within thirty (30) days from the date of the request, a copy of the agreement either to the OIPC or to any escrow agent which sets out the conditions under which the escrow is authorized to release the source code to the OIPC.
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SOURCE CODE IN ESCROW a. No rights are granted or licensed hereunder with respect to the Source Code for the Licensed Program(s), except that ATG shall, at Sun's Notice, place one copy of the Source Code for the Licensed Program(s) and Source Documentation with an escrow agent chosen by ATG and deemed acceptable by Sun, who shall be directed to release a copy of the Source Code and Documentation to the Licensed Program(s) to Sun, at Sun's expense, upon the occurrence of any of the events described in section 2.6(b), below. Upon occurrence of an event described in section 2.6(b), below, Sun shall have a nonexclusive right to use, modify and make working copies of the Source Code and Documentation solely for the purposes of supporting and maintaining the Licensed Program(s) and subject to the restrictions set forth in this Agreement.
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Related to SOURCE CODE IN ESCROW

  • Source Code Escrow Pursuant to 62 O.S. § 34.31, if customized computer software is developed or modified exclusively for a State agency, the Supplier has a continuing obligation to comply with such law and place the source code for such software and any modifications thereto into escrow with an independent third party escrow agent. Supplier shall pay all fees charged by the escrow agent and enter into an escrow agreement, the terms of which are subject to the prior written approval of the State, including terms that provide the State receives ownership of all escrowed source code upon the occurrence of any of the following:

  • Data Escrow Registry Operator shall comply with the registry data escrow procedures set forth in Specification 2 attached hereto (“Specification 2”).

  • SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this clause. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.

  • Establishment of Escrow Account; Deposits in Escrow Account With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.

  • Source Code 5.1 Nothing in this XXXX shall give to the User or any other person any right to access or use the Source Code or constitute any licence of the Source Code.

  • Collection of Taxes, Assessments and Similar Items; Escrow Accounts (a) To the extent required by the related Mortgage Note and not violative of current law, the Master Servicer shall establish and maintain one or more accounts (each, an "Escrow Account") and deposit and retain therein all collections from the Mortgagors (or advances by the Master Servicer) for the payment of taxes, assessments, hazard insurance premiums or comparable items for the account of the Mortgagors. Nothing herein shall require the Master Servicer to compel a Mortgagor to establish an Escrow Account in violation of applicable law.

  • Protection of Escrow Fund (i) The Escrow Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof.

  • Permitted Withdrawals From Escrow Account Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:

  • Commingling Assets The assets of your IRA cannot be commingled with other property except in a common trust fund or common investment fund.

  • Withdrawals From Escrow Account Withdrawals from the Escrow Account shall be made by the Seller only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

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