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• <br /> AGREEMENT NO. <br /> SOFTWARE ESCROW AGREEMENT <br /> Single User Plan <br /> AMONG: <br /> ECONOLITE CONTROL PRODUCTS,INC.("Licensor") <br /> a corporation incorporated under the laws of the State of California, <br /> -and- <br /> [Company]("Licensee") <br /> a corporation incorporated under the laws of the State of INSERT., <br /> -and- <br /> LINCOLN-PARRY SOFTESCROW,INC.("Escrow Agent") <br /> a corporation incorporated under the laws of the State of Colorado, <br /> WHEREAS the Licensor has granted or shall grant to the licensee the right to use certain computer <br /> programs in object form and has agreed or shall agree to support the programs but wishes to maintain their <br /> confidentiality as trade secrets,and; <br /> WHEREAS the Licensee is desirous of being assured that the source code,documentation and <br /> related materials for such programs will be made available to it for the purposes of self support only if <br /> certain events named herein occur,and; <br /> WHEREAS the Licensor and Licensee deem it expedient and in their mutual best interest to place <br /> the said source code,documentation and related materials into Escrow with the Escrow Agent on the terms <br /> below described; <br /> THEREFORE the parties agree as follows: <br /> 1. ESCROW MATERIALS <br /> The computer programs to which this agreement applies are those named in the List of Escrow Programs <br /> in the form set out In Schedule A. A program shall consist of the source code magnetically or optically <br /> stored,and such supporting documentation and related materials that are necessary for a reasonably <br /> competent programmer to routinely maintain and modify such programs. The programs shall be <br /> collectively referred to herein as the Software. <br /> 2. DELIVERY AND CERTIFICATION <br /> The following procedure shall be adopted for the presentation and certification of the Software Into escrow. <br /> (a) The Escrow Agent shall supply to the Licensor a standard size container which is capable of being <br /> sealed and in which the Software shall be stored. <br /> (6) Within ten(10)days of the signing of this agreement by all of the Parties,the Licensor shall present <br /> the Software to the Licensee for verification and sealing at the premises of the Licensor. <br /> P,retdl3 <br /> rt{ Cc:yiyN1974.2014LPKOLthPAMYSOFTESCROY.(N:. <br /> SZiRLF5.3i-cnsnxGA:49W7leA i i <br /> WttH.SYNh Y°Asvow fA71 <br />