Delivery Delay. In the event that ESPS fails to deliver the Release Candidate version of the PDFPress Client Software and PDFPress Server Software within thirty (30) days of the delivery date set forth in the schedule attached hereto as Exhibit B, Adobe may retain as a penalty ten percent (10%) of the scheduled payment for such version. Such penalty shall not be imposed in the event (i) Adobe has materially changed the specifications or other requirements for the ESPS Software in any manner after the Effective Date; or (ii) the delay is caused by any other action or inaction of Adobe.
Appears in 3 contracts
Sources: License and Marketing Agreement (Esps Inc), License and Marketing Agreement (Esps Inc), License and Marketing Agreement (Esps Inc)