Common use of Initial Phase Clause in Contracts

Initial Phase. The Parties acknowledge that it is their intent to have the Japan Service, Localized Web Site and Localized Software hosted from servers located in the Territory. However, the Parties anticipate it will take some time and resources to Localize, launch and operate such items without any dependence on SFDC’s servers, infrastructure, and commercial software. Accordingly, the Parties agree that, until such time as Licensee determines it is economically and technologically feasible to host the Japan Service, Localized Web Site, Localized Software and any third party software used by SFDC as part of the server infrastructure to deliver the SFDC Service, from servers in the Territory and provides written notice to SFDC of such determination, SFDC shall host these items on its servers in the United States and Licensee shall market and sell the Japan Service to Customers. The Parties will mutually agree on the appropriate method of directing Customers to the Japan Service during the Initial Phase, whether by framing, linking or otherwise, but in any event the Parties agree that Customers will use the Licensee Web Site as the gateway to the Localized Web Site hosted by SFDC.