34.6  Computer Data

To the extent that any of the Data are generated by or maintained on a computer or similar system, the Service Provider shall:

(a)  use all reasonable endeavours to procure, for the benefit of the Authority, at no charge or at the lowest reasonable fee, the grant of a licence or sub-licence for any relevant software in which the Intellectual Property Rights are not owned by the Service Provider to enable the Authority or its nominee to access and otherwise use (subject to the payment by the Authority of the relevant fee, if any) such Data for the Licensed Purposes.  As an alternative, the Service Provider 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; and

(b)  where the Service Provider and/or any Service Provider Party owns the Intellectual Property Rights in any relevant software and such software comprises customisations of other software that is generally available to be licensed (a Commercially Available Software Package), provided the Authority obtains a licence to use such Commercially Available Software Package, the Service Provider shall provide or shall procure that the relevant Service Provider Party shall provide to the Authority a copy of such customisations (in machine-executable and source code forms) together with the relevant version of the Commercially Available Software Package to which the customisations have been applied; and

(c)  where the Service Provider owns the Intellectual Property Rights in any relevant software and has the source code, enter into with the Authority and the National Computing Centre Limited an escrow agreement with respect to the same based on the then current multi-licensee escrow deposit agreement or standard single licensee escrow deposit agreement as appropriate in each case.