(a) The Database shall be the exclusive property of the Agency throughout and after the term of this Agreement and under no circumstance shall ownership transfer at any time to the Company. However, the Company shall have use of and be given access to the Database for the sole and exclusive purpose of providing and operating the New ICT Services and Facilities in accordance with this Agreement. The Agency will also cooperate in providing the information from which the Database shall be created.
(b) The source code for customized application systems that form part of the New ICT Services and Facilities will be owned by the Agency. For this purpose, such source code shall be deposited in escrow under a source code escrow agreement to be entered into by the Parties providing for the release of the source code to the Agency in case of termination of this Agreement due to a Company Event of Default or other valid reasons set forth in this Agreement.