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 ten (10) business days to deliver to DSI 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 of this Agreement (Section 7.3). Subject to Section 5.2, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) resolution pursuant to the Dispute Resolution provisions described in Section 7.3; or (c) order of a court.

Appears in 3 contracts

Samples: Services Agreement (Getthere Com), Services Agreement (Getthere Com), Services Agreement (Getthere Com)

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Contrary Instructions. From the date DSI mails the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten (10) business days to deliver to DSI Contrary Instructionscontrary 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 of this Agreement (Section 7.3)) of this Agreement. Subject to Section 5.2, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) resolution pursuant to the Dispute Resolution provisions described in Section 7.3provisions; or (c) order of a court.

Appears in 3 contracts

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

Contrary Instructions. From the date DSI mails the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten thirty (1030) business calendar 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 the Dispute Resolution section Section 7.3 of this Agreement (Section 7.3)Agreement. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in Section 7.3; or (c) order of a court.

Appears in 3 contracts

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

Contrary Instructions. From the date DSI mails the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten (10) 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 the Dispute Resolution section Section 7.3 of this Agreement (Section 7.3)Agreement. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in 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 Depositor receives the notice requesting --------------------- release of the Deposit MaterialsMaterials as confirmed by delivery receipt from the commercial express mail service (in accordance with Section 9.2, Depositor shall have ten (10) [**] business days to deliver to DSI Contrary Instructions. "Contrary Instructions" shall mean the written representation by Depositor that a Release Condition has not occurred or has been curedcured ("Contrary Instructions"). 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 of this Agreement (Section 7.3)8.3. Subject to Section 5.26.2 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 the Dispute Resolution provisions described in Section 7.38.3; or (c) order of a court.

Appears in 2 contracts

Samples: Development and Purchase and Sale Agreement (Airvana Inc), Development and Purchase and Sale Agreement (Airvana Inc)

Contrary Instructions. From the date DSI mails the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten (10) business days [***] to deliver to DSI contrary instructions (“Contrary Instructions”). "Contrary Instructions" 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 of this Agreement (Section 7.3)Agreement. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in Section 7.3; or (c) order of a court.

Appears in 2 contracts

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

Contrary Instructions. From the date DSI mails the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten (10) twenty business days to deliver to DSI 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 of this Agreement (Section 7.3). Subject to Section 5.2, DSI will continue to in store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) resolution pursuant to the Dispute Resolution provisions described in Section 7.3provisions; 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 ten (10) business days to deliver to DSI 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 Sections 8.G. and 12.A. of the Dispute Resolution section of this Agreement (Section 7.3)License Agreement. Subject to Section 5.2, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) notice of resolution pursuant to Section 8.G. of the Dispute Resolution provisions described in Section 7.3License 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 ten twenty (1020) 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 the Dispute Resolution section of this Agreement (Section 7.3)7.4. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in 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 the notice requesting --------------------- release of the Deposit Materials, Depositor Axeda shall have ten (10) business days to deliver to DSI Contrary Instructions. contrary instructions ("Contrary Instructions" "). Contrary Instructions shall mean the written representation by Depositor Axeda that a Release Condition has not occurred or has been cured. Upon receipt of Contrary Instructions, DSI shall send a copy to Preferred Beneficiary EFI by commercial express mail. Additionally, DSI shall notify both Depositor Axeda and Preferred Beneficiary EFI that there is a dispute to be resolved pursuant to the Dispute Resolution section Section 7.4 of this Agreement (Section 7.3)Agreement. Subject to Section 5.25.2 of this Agreement, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor Axeda and Preferred BeneficiaryEFI; (b) dispute resolution pursuant to the Dispute Resolution provisions described in Section 7.37.4; or (c) order of a court.

Appears in 1 contract

Samples: License and Distribution Agreement (Axeda Systems Inc)

Contrary Instructions. From the date DSI mails the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten (10) fifteen 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 the Dispute Resolution section of this Agreement (Section 7.3). Subject to Section 5.25.2 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 the Dispute Resolution provisions described in 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 ten (10) 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 the Dispute Resolution section Section 7.3 of this Agreement (Section 7.3)Agreement. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in 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 ten (10) business days to deliver to DSI contrary instructions (“Contrary Instructions”). "Contrary Instructions" 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 7.4 of this Agreement (Section 7.3)Agreement. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in 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 ten (10) 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 the Dispute Resolution section of this Agreement (Section 7.3). Subject to Section 5.25.2 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 the Dispute Resolution provisions described in Section 7.3; or (c) order of a court.

Appears in 1 contract

Samples: Licensing Agreement (Andrea Electronics Corp)

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Contrary Instructions. From the date DSI mails the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten (10) 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 the Dispute Resolution section Section 7.4 of this Agreement (Section 7.3)Agreement. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in Section 7.37.4; or (c) an order from a court of a courtcompetent jurisdiction.

Appears in 1 contract

Samples: License Agreement (Goamerica Inc)

Contrary Instructions. From the date DSI mails the notice requesting --------------------- ---------------------- release of the Deposit Materials, Depositor shall have ten (10) thirty 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 the Dispute Resolution section of this Agreement (Section 7.3). Subject to Section 5.25.2 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 the Dispute Resolution provisions described in 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 ten (10) business days to deliver to DSI 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 of this Agreement (Section 7.3)) of this Agreement. Subject to Section 5.2, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) resolution pursuant to the Dispute Resolution provisions described in Section 7.3provisions; or (c) order of a court.

Appears in 1 contract

Samples: Preferred Escrow Agreement (MEDecision, Inc.)

Contrary Instructions. From the date DSI mails the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten twenty (1020) business days to deliver to DSI contrary instructions (“Contrary Instructions”). "Contrary Instructions" 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 of this Agreement (Section 7.3)7.4. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in 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 the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten (10) twenty business days to deliver to DSI 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 of this Agreement (Section 7.3)) of this Agreement. Subject to Section 5.2, DSI will continue to store the Deposit Materials without release pending (a) joint instructions from Depositor and Preferred Beneficiary; (b) resolution pursuant to the Dispute Resolution provisions described in of Section 7.3; or (c) order of a court.

Appears in 1 contract

Samples: Joint Development and Commercialization Agreement (Decode Genetics Inc)

Contrary Instructions. From the date DSI mails the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten (10) business days to deliver to DSI contrary instructions (“Contrary Instructions”). "Contrary Instructions" 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 7.4 or 7.5 of this Agreement (Section 7.3)Agreement. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in 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 ten (10) business [**] days to deliver to DSI contrary instructions (“Contrary Instructions”). "Contrary Instructions" 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 of this Agreement (Section 7.3)Agreement. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in 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 Depositor receives the notice requesting --------------------- release of the Deposit Materials, Depositor shall have ten (10) 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 the Dispute Resolution section of this Agreement (Section 7.3)7.4. Subject to Section 5.25.2 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 the Dispute Resolution provisions described in 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)

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