(1) Where the contracting authority is the rightful owner of the developed software, the Contractor shall hand over within 10 [ten] working days the specifications, results , sources and documentation, including access keys. 

(2) Where the contracting authority has paid for maintenance of developed software, the Contractor shall hand over (immediately and without charge) the specifications, results , sources and documentation, including access keys, required by the Agency for the proper operation of the software, insofar as the Contractor has a legal right to do so. 

Without prejudice to Article II.18.4, in case of termination of the FWC for any reason whatsoever, the contracting authority is entitled to continue to use the services under on- going specific contracts on the same terms and conditions as immediately prior to the termination of the FWC. The same rule applies in case of termination of QTM specific contracts with regard to on-going subtasks thereof. 

## I.20. SPECIFIC PROVISION ON COLLABORATION WITH OTHER PARTIES DURING TRANSITIONS. 

In the context of transitions between contracts (phase-in, phase-out, as well as handover/takeover across Lots), and as an integral part of the services provision, the contractor shall, actively collaborate, by attending joint-workshops at the contracting authority’s premises and / or premises of 3rd parties (for instance, incumbent or new contractor’s premises) with staff from the contracting authority and/or staff from a 3rd party, where the Contractor is explaining / presenting / training ECHA and/or staff from a 3rd party on respective project and/or product / service in scope of this FWC, by providing complete information and documentation on the services, with the future service provider and with the contracting authority, in order to minimise the costs and to guarantee the continuity of the services. 

## I.21. SPECIFIC PROVISIONS ON LIQUIDATED DAMAGES 

Without prejudice to the contracting authority’s right to impose liquidated damages as stipulated in Article II.15 of the General Conditions, the liquidated damages specified in the provisions of the Service Level Agreement in Annex VIII regarding the contractor’s failure to deliver shall be applied in the first place. 

## I.22. AUDIT 

Without prejudice to Article II.24, the contracting authority is entitled to conducting audits to verify the continuous compliance of the contractor with the requirements of this FWC and, when necessary, at the contractor’s site. 

## I.23. ELECTRONIC DOCUMENT EXCHANGE 

It is intended that the document exchange (e.g. invoices, deliverables, order forms/specific contracts, etc.) between the contracting authority and the Contractor will have to be carried out via electronic means. 

 At the request of the contracting authority, the use of such electronic applications will become mandatory, upon mutual agreement, during the performance of the contract, at no additional cost for the contracting authority. 

