Common use of Return of Deposit Materials Clause in Contracts

Return of Deposit Materials. In the event that: (i) a Release Event has occurred pursuant to Section 4.4(e)(i) or Section 4.4(e)(ii)(2) but, subsequent to such Release Event, Symbotic is no longer subject to the applicable Insolvency Event, (ii) a Release Event has occurred pursuant to Section 4.4(e)(ii)(2) and Symbotic has assumed this Agreement and the Software Support and Maintenance Agreement pursuant to Section 365 of the Bankruptcy Code, or (iii) a Release Event has otherwise occurred pursuant to Section 4.4(e)(iv) but Symbotic cures such breach (collectively, a “Release Expiration”), then, if such Release Expiration occurs within ninety (90) days after the occurrence of such Release Event, Walmart shall return all copies of the Deposit Materials to the Source Code Escrow Agent for redeposit consistent with Section 4.4(a) (Escrow Deposits; Contact Information). If such Release Expiration occurs later than ninety (90) days after the occurrence of such Release Event, Walmart shall have the option, but not the obligation, to return all copies of the Deposit Materials to the Source Code Escrow Agent for redeposit consistent with Section 4.4(a) (Escrow Deposits; Contact Information). In the event Walmart elects to or has the obligation to return the Deposit Materials pursuant to the foregoing, (a) Symbotic shall provide support for the Source Code included in such Deposit Materials subject to the terms of this Agreement and Exhibit G (Software Support and Maintenance Agreement) as if such Source Code were the Alpha System Software and the Legacy Alpha System Software hereunder, (b) Walmart shall destroy all copies of such Deposit Materials that are not redeposited with the Source Code Escrow Agent and, if requested by Symbotic, certify such destruction in writing by an authorized representative of Walmart, and (c) the rights of Walmart on account of the existence of a Release Event shall cease.

Return of Deposit Materials. In the event that: (i) a Release Event has occurred pursuant to Section 4.4(e)(i5.4(e)(i) or Section 4.4(e)(ii)(25.4(e)(ii)(2) but, subsequent to such Release Event, Symbotic is no longer subject to the applicable Insolvency Event, (ii) a Release Event has occurred pursuant to Section 4.4(e)(ii)(25.4(e)(ii)(2) and Symbotic has assumed this Agreement and the Software Support and Maintenance Agreement pursuant to Section 365 of the Bankruptcy Code, or (iii) a Release Event has otherwise occurred pursuant to Section 4.4(e)(iv5.4(e)(iv) but Symbotic cures such breach (collectively, a “Release Expiration”), then, if such Release Expiration occurs within ninety (90) days after the occurrence of such Release Event, Walmart shall return all copies of the Deposit Materials to the Source Code Escrow Agent for redeposit consistent with Section 4.4(a5.4(a) (Escrow Deposits; Contact Information). If such Release Expiration occurs later than ninety (90) days after the occurrence of such Release Event, Walmart shall have the option, but not the obligation, to return all copies of the Deposit Materials to the Source Code Escrow Agent for redeposit consistent with Section 4.4(a5.4(a) (Escrow Deposits; Contact Information). In the event Walmart elects to or has the obligation to return the Deposit Materials pursuant to the foregoing, (a) Symbotic shall provide support for the Source Code included in such Deposit Materials subject to the terms of this Agreement and Exhibit G (Software Support and Maintenance Agreement) as if such Source Code were the Alpha System Software and the Legacy Alpha Symbotic System Software hereunder, (b) Walmart shall destroy all copies of such Deposit Materials that are not redeposited with the Source Code Escrow Agent and, if requested by Symbotic, certify such destruction in writing by an authorized representative of Walmart, and (c) the rights of Walmart on account of the existence of a Release Event shall cease.

Return of Deposit Materials. In the event that: (i) a Release Event has occurred pursuant to Section 4.4(e)(i7.4(e)(ii) or Section 4.4(e)(ii)(27.4(e)(iii)(2) but, subsequent to such Release Event, Symbotic is no longer subject to the applicable Insolvency Event, Event or (ii) a Release Event has occurred pursuant to Section 4.4(e)(ii)(27.4(e)(iii)(2) and Symbotic has assumed this Agreement and the Software Support and Maintenance Agreement pursuant to Section 365 of the Bankruptcy Code, or (iii) a Release Event has otherwise occurred pursuant to Section 4.4(e)(iv) but Symbotic cures such breach Code (collectively, a “Release Expiration”), then, if such Release Expiration occurs within ninety (90) 90 days after the occurrence of such Release Event, Walmart Customer shall return all copies of the Deposit Materials to the Source Code Escrow Agent for redeposit consistent with Section 4.4(a7.4(a) (Escrow Deposits; Contact Information). If such Release Expiration occurs later than ninety (90) 90 days after the occurrence of such Release Event, Walmart Customer shall have the option, but not the obligation, to return all copies of the Deposit Materials to the Source Code Escrow Agent for redeposit consistent with Section 4.4(a7.4(a) (Escrow Deposits; Contact Information). In the event Walmart Customer elects to or has the obligation to return the Deposit Materials pursuant to the foregoingthis Section 7.4(h) (Return of Deposit Materials), (aA) Symbotic shall provide support for the Source Code included in such Deposit Materials subject to the terms of this Agreement and Exhibit G (Software Support and Maintenance Agreement) as if such Source Code were the Alpha System Software and the Legacy Alpha Symbotic System Software hereunder, provided Customer continues to comply with its payment obligation set forth in Section 7.3(c) (bSoftware License Fee), (B) Walmart Customer shall destroy all copies of such Deposit Materials that are not redeposited with the Source Code Escrow Agent and, if requested by Symbotic, certify such destruction in writing by an authorized representative a Duly Authorized Representative of WalmartCustomer, and (cC) the rights of Walmart Customer on account of the existence of a Release Event shall cease.