Dot Hill Technology. Means those items of Technology that Dot Hill has the right to license to NetApp without the payment of royalties or other fees to third parties and that are not otherwise available to NetApp without a license from Dot Hill and which are used on the Effective Date by Dot Hill to develop, manufacture, assemble, test and support the Products. These items of Technology are identified in Schedule 1.7, Dot Hill Technology, to this License Agreement, which items may be updated upon mutual written
... agreement of the authorized representatives of Dot Hill (which for Dot Hill shall be the President or Senior Vice President of Engineering) and NetApp (which for NetApp shall be a Vice President of Engineering) provided, however, Page 2 NetApp and Dot Hill Confidential Technology License Agreement that all of the following conditions are met: (i) any such item that is to be added or updated must have been in existence as of the Effective Date (for the avoidance of doubt, these additions and updates of Technology may include, but not be limited to, undocumented processes or procedures that are being used to perform the manufacture of Products on the Effective Date); (ii) any such item to be added or updated is necessary to manufacture the Products listed on Exhibit B, Rev. 9, to the Development and OEM Supply Contract, as such Exhibit B, Rev. 9 exists on the date of the execution and delivery by the Parties of this License Agreement; (iii) Dot Hill is not required to pay royalties or other fees to any third party for any item to be added or updated; and (iv) in the Parties' reasonable opinion, each such item had either been erroneously or incorrectly omitted from, insufficiently documented, or erroneously or incorrectly included on Schedule 1.7, Dot Hill Technology, to this License Agreement. If such authorized representatives of Dot Hill and NetApp agree to update Schedule 1.7, Dot Hill Technology, for any such item, then Dot Hill will prepare an update thereto that addresses such item of Technology and upon NetApp's written acceptance of such update proposed by Dot Hill, it will become a part of Schedule 1.7, Dot Hill Technology. Any consent to be provided to a modification or update made to Schedule 1.7, Dot Hill Technology, by Dot Hill shall not be unreasonably withheld. Dot Hill Technology will also include items of Technology that Dot Hill may supply after the Effective Date to NetApp under the Development and OEM Supply Contract to the extent necessary to resolve a bug or defect found in Products; however, Dot Hill Technology does not and shall not include any derivatives, enhancements and/or major modifications to the Products developed by or for Dot Hill after the Effective Date or any items created after the Effective Date for which Dot Hill may derive independent economic value, separate and/or apart from the Products.
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