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system operations and operator's guide. Any associated support documentation shall be <br />provided in written form as well as electronic format for use in connection with the current <br />"Microsoft Ward" processing program version at the time of each deposit, as defined by <br />Microsoft Corporation software support schedules (Microsoft Word 2003 on 6/6/2007). <br />6. RELEASE OF DEPOSIT. <br />As used in this agreement, "Release Condition" shall mean the following: <br />a) Provider's material, uncured breach of the Software License Agreement; or <br />(b) Joint written instructions from Provider and Beneficiary; or <br />(c) Provider or a successor to Provider materially fails to provide maintenance <br />under the Maintenance Agreement after notice and a reasonable opportunity to cure; and <br />(i) Provider files a petition for protection under the U.S. Bankruptcy Code, or an <br />involuntary petition is filed against it and is not dismissed within 60 days; or <br />(ii) Provider, whether directly or through a successor or affiliate, ceases its <br />ongoing business operations. <br />(1) This Software Escrow Agreement is intended by the Parties to be <br />"supplementary" to the License Agreement within the meaning of Section 365(n) of the <br />US Bankruptcy Code (11 U.S.C. 365(n)). If this Agreement and/or the Software License <br />Agreement is (are) rejected by Provider as a debtor in possession or a trustee or by any <br />other person or entity under the US Bankruptcy Code, then Beneficiary may elect to <br />retain its rights as provided in Section 365(n). <br />(2) The Deposit Materials are an "embodiment" of "intellectual property" <br />as those terms are used in Section 365(n) of the US Bankruptcy Code 11 U.S.C. <br />365(n)). <br />In the event of any of the occurrences stated in Section 6 of this Agreement, <br />Beneficiary shall give written notice to Escrow Agent and Provider requesting release of <br />the source code and/or of its intent to use the source code,. Provider shall have ninety <br />(90) days upon receipt of written notice to remedy the Release Condition (the "remedy <br />period "). Unless, (i) Provider shall file with the Escrow Agent an affidavit executed by a <br />0 <br />