Common use of Maintenance of Data Clause in Contracts

Maintenance of Data. 46.1. To the extent that any of the data, materials and documents referred to in clause 46 are generated by or maintained on a computer or similar system, the Service Provider shall use all reasonable endeavours to procure for the benefit of E-ACT, at no charge or at the lowest reasonable fee, the grant of a licence or sub-licence for any relevant software to enable E-ACT or its nominee to access and otherwise use (subject to the payment by E-ACT of the relevant fee, if any) such data. 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. 46.2. The Service Provider shall ensure the back-up and storage in safe custody of the data, materials and documents referred to in clause 46.1 in accordance with Good Industry Practice. Without prejudice to this obligation, the Service Provider shall submit to E-ACT's Representative for approval its proposals for the back-up and storage in safe custody of such data, materials and documents and E-ACT shall be entitled to object if the same is not in accordance with Good Industry Practice. The Service Provider shall comply, and shall cause all Service Provider Related Parties to comply, with all procedures to which E-ACT's Representative has given its approval. The Service Provider may vary its procedures for such back-up and storage subject to submitting its proposals for change to E-ACT's Representative, who shall be entitled to object on the basis set out above.