Common use of Maintenance of Data Clause in Contracts

Maintenance of Data. (a) To the extent that any data, materials and documents referred to in this Article 27 (Intellectual Property) are generated by or maintained on a computer or similar system, the Development Entity shall use Reasonable Efforts to procure for the benefit of the Department, at no charge or at the lowest reasonable fee, the grant of a license or sublicense for any relevant software to enable the Department or its nominee to access and otherwise use (subject to the payment by the Department of the relevant fee, if any) such data for the purposes set out in Section 27.1 (Intellectual Property). As an alternative, the Development Entity may provide such data, materials or documents in a format which may be read by software generally available in the market at the relevant time or in hard copy format. (b) The Development Entity shall ensure the back-up and storage in safe custody of the data, materials and documents referred to in Section 27.2(a) in accordance with Good Industry Practice. Without prejudice to this obligation, the Development Entity shall submit to the Department’s Authorized Representative for approval its proposals for the back-up and storage in safe custody of such data, materials and documents and the Department shall be entitled to object if the same is not in accordance with Good Industry Practice. The Development Entity shall comply, and shall use Reasonable Efforts to cause all the Development Entity-Related Entities to comply, with all procedures to which the Department’s Authorized Representative has given its approval. The Development Entity may vary its procedures for such back-up and storage subject to submitting its proposals for change to the Department’s Authorized Representative, who shall be entitled to object on the basis set out above.