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provisions, at a minimum, to the extent that Escrow Agent would provide security for its <br />own similar information. <br />(b) Escrow Agent will establish appropriate safeguards by agreement, instruction <br />and otherwise, to enable Escrow Agent, its employees, representatives, agents and suppliers <br />to comply with the obligations set forth herein. <br />S. REPRESENTATIONS, WARRANTIES AND COVENANTS. <br />Provider hereby represents, warrants and covenants to Beneficiary that: <br />(a) The source code for the most recent version of the software and the two (2) most <br />recent prior versions shall be kept on Deposit with the Escrow Agent as part of the Deposit <br />material. <br />(b) The source code delivered to the Escrow -Agent pursuant hereto is and shall be <br />contained on the same medium and in the same format as the software delivered and <br />licensed to Beneficiary and shall consist of source code comprising the software as defined <br />in the Software License Agreement. Provider shall deliver the source code material on a CD <br />or in other forms of media if so agreed by with the Escrow Agent and the Beneficiary. The <br />source code material may not be in an encrypted form and it must be useable without <br />submitting identification data. <br />(c) Provider will promptly supplement the Deposit with all updates, revisions, <br />corrections, enhancements or other changes made by Provider so that the source code <br />constitutes a machine - readable program and associated support documentation for the most <br />current and prior two (2) versions of the software licensed to Beneficiary. <br />(d) The Deposit delivered to Escrow Agent now consists, and at all times during the <br />term of this Agreement will consist, of a full source of the language statement of the <br />program or programs comprising of the software and any associated support documentation <br />in sufficient detail to allow a reasonably skilled programmer to understand, the logic, <br />sequence and structure of the software so that the software may be maintained and <br />enhanced. All third party software necessary to compile, maintain and modify the software <br />shall be sufficiently disclosed in any associated support documentation. Any associated <br />support documentation shall include by way of example the following: master file <br />maintenance, operations functions, user functions, workstation functions, batch processing, <br />3 <br />