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Transformation Services Agreement - NSW Department of Education ...

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23.8 Response to Viruses<br />

If a Virus is found in or to have had access to the System, the Contractor will immediately use<br />

its best efforts to eliminate the Virus and ameliorate its effect. If the Virus causes a loss <strong>of</strong><br />

operational efficiency or data, the Contractor will mitigate and restore the loss as quickly as<br />

possible.<br />

23.9 Best practice<br />

The Contractor will keep itself informed <strong>of</strong> security best practice and take steps to implement<br />

it.<br />

23.10 Personnel<br />

The Contractor will ensure that its Personnel observe the requirements <strong>of</strong> this clause to the<br />

extent that they perform the obligations <strong>of</strong> the Contractor under this agreement.<br />

23.11 [Omitted.]<br />

23.12 Other obligations<br />

This clause 23 does not limit the parties' other obligations under this agreement.<br />

24. Source code<br />

24.1 Source code<br />

The Contractor will, when the Developed S<strong>of</strong>tware is delivered to DEC, also deliver to DEC:<br />

(a)<br />

(b)<br />

the Developed S<strong>of</strong>tware source code suitable for compilation together with<br />

Documentation providing sufficient information to allow DEC to use, maintain,<br />

modify and enhance the Developed S<strong>of</strong>tware; and<br />

all source code for s<strong>of</strong>tware tools used to assist the development <strong>of</strong> the Developed<br />

S<strong>of</strong>tware, including to control and test the Developed S<strong>of</strong>tware, where the s<strong>of</strong>tware<br />

tools are created by or on behalf <strong>of</strong> the Contractor for the purpose <strong>of</strong> this agreement<br />

and where the s<strong>of</strong>tware tools will be required to enable DEC to use, maintain,<br />

modify and enhance the Developed S<strong>of</strong>tware,<br />

(collectively, Source Code) and the Source Code will be provided in a format and on a<br />

medium which is suitable for compilation and use by DEC.<br />

24.2 Interim copies<br />

The Contractor will deliver interim copies <strong>of</strong> the Source Code to DEC at the times specified in<br />

the Work Package Plan or at any time upon request by DEC.<br />

24.3 Use <strong>of</strong> tools and object libraries<br />

Where the Developed S<strong>of</strong>tware has been produced using s<strong>of</strong>tware tools, object libraries or<br />

other devices or methodologies owned by the Contractor or another party, the Contractor will<br />

inform DEC as to the nature and use <strong>of</strong> those devices in the production <strong>of</strong> the Developed<br />

S<strong>of</strong>tware.<br />

Legal\305532610.12 Commercial-in-confidence 31

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