Malicious Software

48.5  The Contractor shall, as an enduring obligation throughout the Term, use the latest versions of anti-virus definitions and software available [from an industry accepted anti-virus software vendor] to check for, contain the spread of, and minimise the impact of Malicious Software.

48.6  Notwithstanding Clause 48.5, if Malicious Software is found, the parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Authority Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency.

48.7  Any cost arising out of the actions of the parties taken in compliance with the provisions of Clause 48.6 shall be borne by the parties as follows:

48.7.1  by the Contractor where the Malicious Software originates from the Contractor Software, the Third Party Software supplied by the Contractor (except where the Authority has waived the obligation set out in Clause 48.5) or the Authority Data (whilst the Authority Data was under the control of the Contractor) unless the Contractor can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Authority when provided to the Contractor; and

48.7.2  by the Authority if the Malicious Software originates from the Authority Software (in respect of which the Authority has waived its obligation set out in Clause 48.5) or the Authority Data (whilst the Authority Data was under the control of the Authority).