Common use of Security for access to source code, etc Clause in Contracts

Security for access to source code, etc. The Customer may, in Appendix 1, stipulate a requirement that the Contractor shall offer the Customer an agreement concerning access to source code or some other solution (for example, a performance bond from its parent company or an associated company) that satisfactorily secures the Customer's interests should the Contractor go bankrupt or for some other reason be unable, or cease, to deliver its services pursuant to this Agreement or an associated maintenance agreement. In those circumstances where the Customer is entitled to access to the source code pursuant to this provision or have arrangements put in place to fulfil this provision, the Customer shall have an expanded right of disposal that covers the right to use, copy, modify and develop the deliverables itself, or with the aid of a third party, to the extent necessary to achieve the purpose of the procurement.

Security for access to source code, etc. ‌ The Customer may, in Appendix 1, stipulate a requirement that the Contractor shall offer the Customer an agreement concerning access to source code or some other solution (for example, a performance bond from its parent company or an associated company) that satisfactorily secures the Customer's interests should the Contractor go bankrupt or for some other reason be unable, or cease, to deliver its services pursuant to this Agreement or an associated maintenance agreement. In those circumstances where the Customer is entitled to access to the source code pursuant to this provision or have arrangements put in place to fulfil this provision, the Customer shall have an expanded right of disposal that covers the right to use, copy, modify and develop the deliverables itself, or with the aid of a third party, to the extent necessary to achieve the purpose of the procurement.