Common use of Augmentation Clause in Contracts

Augmentation. METROLOGIC has the right at any time during the term of this Agreement to augment any Escrowed Specimen deposited hereunder with additional documentation (such as annotations to software source code, or timing diagrams representing the action of an electrical circuit, such additional documentation being hereinafter referred to as the "Augmented Material") descriptive of the disclosed Escrowed Specimen as of the date of deposit of Escrowed Specimen. Such additional documentation is intended only to be as explanatory of the disclosed and deposited technical material as of the date of deposit of the Escrowed Specimen and shall not include any additional undisclosed technical material, or technical material that was developed or implemented in the product represented by the Escrowed Specimen at any time after the date of deposit of the Escrowed Specimen. Such Augmented Material shall be dated to reflect the date of its creation or writing and clearly marked as to the date of deposit with the Escrow Agent. In the event of any question or dispute about the use or relevance of such material, the includability of such material as part of the Escrowed Specimen shall be subject to review and final determination by the arbitrator pursuant to Article 16.

Appears in 1 contract

Sources: Agreement Between Symbol Technologies, Inc. And Metrologic Instruments, Inc. (Metrologic Instruments Inc)

Augmentation. METROLOGIC SYMBOL has the right at any time during the term of this Agreement to augment any Escrowed Specimen deposited hereunder with additional documentation (such as annotations to software source code, or timing diagrams representing the action of an electrical circuit, such additional documentation being hereinafter referred to as the "Augmented Material") descriptive of the disclosed Escrowed Specimen as of the date of deposit of Escrowed Specimen. Such additional documentation is intended only to be as explanatory of the disclosed and deposited technical material as of the date of deposit of the Escrowed Specimen and shall not include any additional undisclosed technical material, or technical material that was developed or implemented in the product represented by the Escrowed Specimen at any time after the date of deposit of the Escrowed Specimen. Such Augmented Material shall be dated to reflect the date of its creation or writing and clearly marked as to the date of deposit with the Escrow Agent. In the event of any question or dispute about the use or relevance of such material, the includability of such material as part of the Escrowed Specimen shall be subject to review and final determination by the arbitrator pursuant to Article 16.

Appears in 1 contract

Sources: Agreement Between Symbol Technologies, Inc. And Metrologic Instruments, Inc. (Metrologic Instruments Inc)