Common use of Certain Circumstances Clause in Contracts

Certain Circumstances. Upon EmTech’s request, Provider shall promptly deliver a complete copy of the EmTech Source Code in the event of any one or more of the following: (a) termination of this Agreement pursuant to Section 3.2, (b) Provider’s refusing, failing or being unable to fulfill its material obligations under the initial SOW or applicable SOW or being in material breach of the SOW and failure to remedy such breach under the terms of the SOW, (c) entry of an order for relief with respect to Provider under Chapter 7 of the Bankruptcy Code or any similar proceeding initiated under the law of any jurisdiction; (d) filing and pendency of a motion, or entry of an order, for rejection by or on behalf of Provider or its estate of this Agreement under Section 365 of the Bankruptcy Code; (e) the making by Provider of a general assignment for the benefit of creditors; (f) the appointment of a receiver or trustee for the benefit of creditors generally or for liquidation of Provider’s business or property; (g) action by Provider under any state, federal or foreign insolvency or similar law for the purpose of its liquidation; (h) Provider’s failure to continue to do business in the ordinary course; or (i) Provider’s material failure to provide, support and maintain the Pre-existing Material or the Deliverables in whole or in part.