Development of the Products. 4.1 SCi agrees to use its reasonable endeavors to complete the development of the Games by the dates set out at Schedule F and to deliver to Gizmondo all appropriate materials to support porting of the Games to the Devices, provided that SCi shall not be obliged to deliver any assets where such delivery is prohibited under the terms of any third party agreement. 4.2 In the event that SCi fails or is unable for any reason to deliver the Gold Disc in relation to any of the Games then SCi and Gizmondo shall agree to substitute such Game with another game in the SCi current or forthcoming publication catalogue. 4.3 At its discretion but subject to the approval of SCi and its Game Licensors as set out in this Agreement, Gizmondo shall be entitled to port the Games to the Device or to develop the Products in either event at its sole cost and expense, pursuant to the terms and conditions of this Agreement. Except as expressly provided in this Agreement Gizmondo shall assume full responsibility for the creation, development adaptation and production of the Products, which shall include, without limitation, (a) designing creating adapting or modifying the technical specifications for the Products, (b) creating modifying adapting or emulating all computer code for the Products, (c) creating adapting or modifying all audio and visual assets for the Products except for such assets as may be reused and as are contained in the SCi Materials, (d) acquiring and/or licensing any and all other technology, software and hardware needed for purposes of creating adapting modifying emulating and distributing the Products, and (e) conducting quality assurance testing of the Products.
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Development of the Products. 4.1 SCi Northern Lights agrees to use its reasonable endeavors to complete the development of the Games by the dates set out at Schedule F and to deliver to Gizmondo all appropriate materials Materials to support porting of the Games to the Devices, provided that SCi Northern Lights shall not be obliged to deliver any assets where such delivery is a prohibited under the terms of any third party agreement.
4.2 In the event that SCi Northern Lights fails or is unable for any reason to deliver the Gold Disc Final Product in relation to any of the Games then SCi Northern Lights and Gizmondo shall agree to substitute such Game with another game in the SCi Northern Lights current or forthcoming publication catalogue.
4.3 At its discretion but subject to the approval of SCi Northern Lights and its Game Licensors as set out in this Agreement, Gizmondo shall be entitled to port the Games to the Device or to develop the Products in inn either event at its sole cost and expense, pursuant to the terms and conditions of this Agreement. Agreement Except as expressly provided in this Agreement Gizmondo shall assume full responsibility for the creation, development adaptation and production of the Products, which shall include, without limitation, (a) designing creating adapting or modifying the technical specifications for the Products, (b) creating modifying adapting or emulating all computer code for the Products, (c) creating adapting or modifying all audio and visual assets for the Products except for such assets as may be reused and as are contained in the SCi Northern Lights Materials, (d) acquiring and/or licensing any and all other technology, software and hardware needed for purposes of creating adapting modifying emulating and distributing the Products, and (e) conducting quality assurance testing of the Products.
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