RIGHTS OR OBLIGATIONS AS THE HOLDER OF STORED
VALUE IN ACCORDANCE WITH CLAUSE 45.2.
29.5
UNCLAIMED MONEYS
If any stored value on a Victorian Smartcard Application is subject to the
Unclaimed Moneys Act 1962 (Vic) as amended by the Unclaimed Moneys (Amendment)
Act 2004 (Vic), the Contractor agrees to:
(A)
COMPLY WITH THAT ACT AND ANY REGULATIONS MADE PURSUANT TO
IT, INCLUDING:
(I)
ENTERING ALL UNCLAIMED MONEYS IN A REGISTER KEPT AT THE
CONTRACTOR'S PRINCIPAL OFFICE OR PLACE OF BUSINESS IN VICTORIA IN THE PRESCRIBED
FORM;
(II)
WHERE APPLICABLE, ADVERTISING ENTRIES IN THE REGISTER IN
THE GOVERNMENT GAZETTE AT THE TIMES AND IN THE MANNER DETERMINED BY THE
REGISTRAR OF UNCLAIMED MONEYS; AND
(III)
PAYING ANY UNCLAIMED MONEY TO THE REGISTRAR OF UNCLAIMED
MONEYS TO BE PLACED IN THE CONSOLIDATED FUND;
(B)
DESIGN THE SOLUTION TO OPERATE AND ENSURE THE SOLUTION
OPERATES IN COMPLIANCE WITH THAT ACT AND IN A MANNER WHICH ALLOWS THE PRINCIPAL
AND THE OPERATORS TO COMPLY WITH THEIR OBLIGATIONS (IF ANY) UNDER THAT ACT;
(C)
PROVIDE ALL REASONABLE ASSISTANCE TO ENABLE THE PRINCIPAL
AND THE OPERATORS TO COMPLY WITH THEIR OBLIGATIONS (IF ANY) UNDER THAT ACT.
29.6
AUDIT TRAIL
In addition to meeting the requirements imposed by this agreement including the
Requirements Document, the Contractor must implement and maintain appropriate
system capabilities to log and preserve an audit trail for all material events
occurring as part of transactions involving Cardholders.
The Contractor will
provide a record of those audit events relating to the Initial Services and Core
Services to the Principal's Representative in a mutually agreed format on a
monthly basis.
29.7
RECONCILIATION
To the extent that during the Core Services Term there are reconciliation
discrepancies in the Solution:
(A)
RESULTING IN A LOSS OF CASH OR VALUE; OR
(B)
CAUSED BY A FAILURE BY THE CONTRACTOR TO COMPLY WITH THE
SOLUTION DOCUMENTATION, AND
excluding reconciliation discrepancies arising as a result of services not
provided by the Contractor or a person providing services on behalf of the
Contractor, the Contractor:
119
(C)
IS LIABLE TO PAY TO THE PRINCIPAL ANY SHORTFALL RESULTING
FROM THOSE RECONCILIATION DISCREPANCIES, SUBJECT TO ITS LIABILITY FOR SUCH
SHORTFALL IN ANY MONTH NOT EXCEEDING $[**] PER MONTH; AND
(D)
TO THE EXTENT THAT PAYMENTS UNDER PARAGRAPH (C) ARE MADE,
WILL NOT BE FURTHER LIABLE FOR ANY SERVICE CHARGE ADJUSTMENTS FOR FAILURE TO
MEET THE PERFORMANCE REQUIREMENTS IN RESPECT OF SUCH RECONCILIATION
DISCREPANCIES.
30.
INTELLECTUAL PROPERTY
30.1
WARRANTY BY CONTRACTOR
The Contractor represents and warrants that:
(A)
IT HAS ALL APPROPRIATE LICENCES OF OR TITLE TO ALL
INTELLECTUAL PROPERTY THAT IS REQUIRED BY IT FOR THE PURPOSE OF ITS OBLIGATIONS
UNDER THIS AGREEMENT;
(B)
ANY OTHER ENTITY THAT PERFORMS OBLIGATIONS UNDER THIS
AGREEMENT ON BEHALF OF THE CONTRACTOR HAS ALL APPROPRIATE LICENCES OF OR TITLE
TO ALL INTELLECTUAL PROPERTY THAT IS REQUIRED FOR THAT PURPOSE;
(C)
THE DEVELOPED INTELLECTUAL PROPERTY, THE LICENSED
INTELLECTUAL PROPERTY, THE INTELLECTUAL PROPERTY IN THE THIRD PARTY SOFTWARE AND
THE EQUIPMENT IP ARE ALL THE INTELLECTUAL PROPERTY THAT