Estudios sobre la transferencia de control discriminativo

6.1.1 take all steps to ensure that the entire (and not certain portion only) E- Discovery Application and the Auxiliary Services have been adapted to suit the circumstances in Singapore and be operational for use and access by Subscribers by the end of the Setup Phase;

6.1.2 take all steps to ensure that the E-Discovery Application and the Auxiliary Services shall be properly maintained throughout the Term and any defects or bugs shall be promptly rectified;

6.1.3 take all steps to ensure that the E-Discovery Application and the Auxiliary Services shall be accessible via the Academy’s LawNet platform and shall continue to remain accessible for the Term;

6.1.4 ensure that the E-Discovery Application and the Auxiliary Services throughout the Term meet with the requirements necessary for its Subscribers to apply for incentives (tax or otherwise) provided by various government agencies; 6.1.5 advertise, market and promote the E-Discovery Application and the Auxiliary

Services to potential subscribers using promotional materials that have been previously approved by the Academy;

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6.1.6 publish, display and communicate to the public, and to copy, duplicate and reproduce for such purpose, the LawNet name and logo on the E-Discovery Application’s website and any other promotional or publicity materials or documentation, as may be reasonably necessary to inform that the E- Discovery Application is a LawNet service;

6.1.7 take all steps necessary to ensure that the target number of Subscribers for each Phase as set out in Part [xx] of the Proposal are achieved; and

6.1.8 periodically, and no less frequently than annually, enhance the E-Discovery Application and the Auxiliary Services such that they continue to be of Internationally Accepted Standards and taking into consideration feedback obtained from its Subscribers.

6.2 During the Setup Phase, the Service Provider shall (at their cost):

6.2.1 with the assistance of the Academy, arrange for potential users of the E- Discovery Application and Auxiliary Services to provide their requirements; and

6.2.2 if necessary, adapt or modify their E-Discovery Application and Auxiliary Services to take into consideration such requirements.

6.3 Should the Service Provider fail to cause the entire E-Discovery Application and the Auxiliary Services to be operational for use and access by Subscribers by the end of the Setup Phase;

6.3.1 the Academy may agree in writing to a reasonable extension having regard to the circumstances;

6.3.2 the Academy shall be entitled, in addition to any other rights and remedies, to require the Service Provider to pay by way of liquidated damages a sum of S$[xxx] per day from the end of the Setup Phase (or any extensions therefrom) until the date the entire E-Discovery Application and the Auxiliary Services are operational up to a maximum of S$[xxx]; and/or

6.3.3 the Academy may, by notice in writing, terminate the Agreement.

6.4 To ensure that the E-Discovery Application and the Auxiliary Services are properly operational:

6.4.1 each Party shall appoint a representative ("Representative") who shall: (a) be primarily responsible for directing and co-ordinating that Party's

efforts in carrying out their respective obligations under this Agreement; and

(b) have direct access to each other at all reasonable times;

6.4.2 meet at least one every Quarter to update each other, discuss and resolve any issues relating to the performance of its obligations under this Agreement; and

6.4.3 the Subscription Fees tthat the Service Provider charges to its Subscribers shall not be changed without the written consent of both Parties.

37 7. SERVICE PROVIDER’S OTHER OBLIGATIONS

7.1 In providing the E-Discovery Application and the Auxiliary Services, the Service Provider shall:

7.1.1 ensure that the Subscribers and the Academy will not be discriminated compared to other users of other similar services provided by the Service Provider with respect to the quality and scope of the services provided;

7.1.2 ensure that technical measures and operational procedures in compliance with applicable Internationally Accepted Standards are adopted and maintained so as to ensure that the E-Discovery Application and shall be free from all computer viruses, spyware, worms, time-outs, time bombs, back doors, easter eggs, any harmful or malicious code intended to or which may damage, disrupt, inconvenience or permit unauthorised access to any software, hardware, networks, data or information and other contaminants including but not limited to any codes, agent, instructions or any other programs that may or will be used to access, modify, delete or damage any of the Subscribers’ data files, computer programs, computer systems or network;

7.1.3 ensure that information and systems security measures and procedures in compliance with applicable Internationally Accepted Standards are adopted and maintained so as to ensure that the E-Discovery Application is secured against malicious attacks and internal fraud;

7.1.4 ensure that the data of Subscribers are properly secured against malicious attacks and internal fraud in compliance with applicable Internationally Accepted Standards and that such data are stored and processed within the geographical limits of Singapore;

7.1.5 ensure that the provisions set out in the Subscription Agreement with the Subscribers shall not be amended and no other agreement shall be entered into which has the effect of overriding or disapplying any of the provisions in the Subscription Agreement, without the prior written consent of the Academy;

7.1.6 provide the Academy with a demo version of any service through which it proposes to provide the E-Discovery Application in order that the Academy can ensure that such service complies with the provisions of this Agreement before the Service Provider launches the same and shall thereafter provide the Academy with access free of charge to such service in order that the Academy can monitor the performance of the service throughout the Term. 7.1.7 use competent personnel with appropriate skills and experience in

accordance with Internationally Accepted Standards and that such personnel shall perform their duties in a professional and workmanlike manner;

7.1.8 ensure that the service levels to be attained and maintained shall be in accordance with the Required Service Levels;

7.1.9 be responsible for all contact and dealings with Subscribers, in particular: (a) handle all queries relating to the E-Discovery Application and

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(b) inform the Academy as soon as is practicable of any complaints regarding the E-Discovery Application and the Auxiliary Services and shall not, without the express prior approval of the Academy, admit liability or do anything which might be taken as an admission of liability in relation to any such complaints or take any actions to compromise, settle or otherwise prejudice any claims arising out of such complaints; 7.1.10 organise at least two (2) feedback sessions per year with its Subscribers,

invite the Academy to participate as an observer in such feedback sessions and provide the Academy with the reports from these feedback sessions; and 7.1.11 not, whether personally or through its agents or representatives, do or

procure others to do market, sell, distribute or provide access to another product or service similar to or in competition with the E-Discovery Application and the Auxiliary Services.

7.2 The Service Provider shall indemnify and hold the Academy harmless against any and all claims and damages (whether direct or consequential) by any third party which arises out of or in connection with the performance by the Service Provider of any of its obligations under this Agreement.