Escrow Materials. Promptly following execution of the Backup Escrow Agreement, and pursuant to the terms and conditions thereof, Seller shall deposit and maintain under escrow: (a) a complete copy of the binary files, source code and object code for the Enlighten software and the software components of Seller’s backend system used in providing the Enlighten service that are proprietary to Seller, including all relevant documentation associated with such software (the “Enlighten Software”); and (b) and instructions on how Buyer shall be able to retrieve the Data that is hosted on the various servers, locations, or other storage apparatuses that it may be located on (the Data and the Enlighten Software shall collectively be referred to as the “Escrow Materials”). Promptly following any material update to the Enlighten Software, but no less than annually, and immediately prior to termination of the Hosting Period, Seller shall update the Escrow Materials to conform to the then-current version of the Enlighten Software used to provide the Enlighten service to Buyer under this Agreement.
Appears in 2 contracts
Sources: Long Term Product Supply Agreement (Vivint Solar, Inc.), Long Term Product Supply Agreement (Vivint Solar, Inc.)
Escrow Materials. Promptly following execution of the Backup Escrow Agreement, and pursuant to the terms and conditions thereof, Seller shall deposit and maintain under escrow: (a) a complete copy of the binary files, source code and object code for the Enlighten software and the software components of Seller’s 's backend system used in providing the Enlighten service that are proprietary to Seller, including all relevant documentation associated with such software (the “"Enlighten Software”"); and (b) and instructions on how Buyer shall be able to retrieve the Data that is hosted on the various servers, locations, or other storage apparatuses that it may be located on (the Data and the Enlighten Software shall collectively be referred to as the “"Escrow Materials”"). Promptly following any material update to the Enlighten Software, but no less than annually, and immediately prior to termination of the Hosting Period, Seller shall update the Escrow Materials to conform to the then-current version of the Enlighten Software used to provide the Enlighten service to Buyer under this Agreement.
Appears in 1 contract
Sources: Long Term Product Supply Agreement (Enphase Energy, Inc.)