Technology Contracting for Transit Projects (2017) / Chapter Skim
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8 escrow agreement, a developer deposits certain proprietary materials, such as source code, that would be required if the developer fails to support and maintain its software.58 A sample escrow agreement is included as Appendix E.59 The use of an escrow does not apply to off-the-shelf software.60 An escrow agreement "require[s] the developer of a software product to place proprietary materials necessary to maintain the product in escrow with a neutral party," the escrow agent.61 If a developer fails to support its software, the escrow agent releases the source code and/or other proprietary materials to the end user.62 Unfortunately, licensees may not give the attention to escrow agents and agreements that escrows require.
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From page 9... ...
9 local agency includes a city, county, or city and county, any transit district, municipal operator, any consolidated agency, any authority formed to provide transit service, and any county transportation commission or any other local or regional agency responsible for the construction of transit projects.82 Pursuant to section 22162, a local agency, except as otherwise provided, may use design–build contracts for projects in excess of $1,000,000 and award a contract based either on the low bid or the "best value."83 When a transit district or similar local agency, as described in section 22161(f)
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