Common use of Information System Clause in Contracts

Information System. 9.1.1 The Manager shall purchase, install, deploy and deliver at its own cost and risk a state-of-the-art terminal operating system ("TOS"), encompassing berth, yard, terminal, gate and vessel loading and unloading operations, in addition to all container handling activities in accordance with the specifications set out in Schedule 9 within twelve (12) months from the Effective Date. 9.1.2 The Manager commits to continuously develop, upgrade and adapt the TOS to cater for new management, market, legal or regulatory requirements, so long as this Contract remains in force. At the termination of this Contract, the TOS shall continue to favourably compare with such terminal operating systems as are then deployed and operational at best ranked ports in accordance with International Best Practice. 9.1.3 When first installed, the Manager shall ensure that the TOS communicates seamlessly with such systems as are currently deployed at the POB, including but not limited to the NAJM system, currently deployed by the customs Authority. The Manager further commits to ensure that the TOS will continue to communicate seamlessly with any modification or upgrade to such systems as may be deployed by the POB as well as any new system which may be introduced by POB at any time during the period this Contract is in force. 9.1.4 The Manager shall relinquish and transfer all property rights to the TOS to GEPB or any person appointed by GEPB at the termination of this Contract, including keys, source codes, design manuals, documentation pertaining to the TOS and generally any knowledge, information, key or password allowing GEPB to access the TOS, utilize it, and generally modify, amend or upgrade the system in the course of uninterrupted and continuous operation of the Terminal. Should the rights to the TOS not lie with the Manager, then the Manager shall include in all relevant agreements an assignment clause for the rights it holds in favour of GEPB. 9.1.5 If and when GEPB acquires and installs a port community system to be used by all POB users and service entities, the Manager shall fully coordinate with GEPB, provide all required assistance, information and data and carry out all actions required from their end for the purpose of the implementation of the port community system with the above-mentioned functionality.