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This excerpt taken from the GPS 10-Q filed Jun 9, 2009. 29.5 Licensed Users and Rights to Use Software Supplier represents and warrants that it shall acquire, maintain, and continuously update (as applicable) the type and number of license(s) required to grant Gap and the Gap Authorized Users the right to use the Software provided by Supplier in order to utilize the Services, and otherwise comply with the terms of this Agreement. All third party license fees for such Software provided by Supplier shall be at no additional cost to Gap, provided following the Termination Transition Period, Gap will be required to pay the third party licensor maintenance and support fees to the same extent Supplier would be bound to do so under Suppliers license with such third party licensor. To the extent that a third party license imposes a limit or restriction on Gaps right to use the Software provided by Supplier as permitted in this Agreement and such limit or restriction has not been identified in this Agreement, Supplier shall take commercially reasonable actions and pay the license fees required to provide Gap with all the rights to use and modify the Software provided by Supplier afforded by this Agreement to the extent permitted. |
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