3.1 The subject-matter of the public contract is defined in detail in the binding draft contract (in particular in Article 1), which forms Annex 1 to the tender specifications (hereinafter referred to as the ‘Draft Contract’ or the ‘Contract’). 3.2 The subject-matter of this Contract is the Contractor’s (hereinafter referred to as the ‘Contractor’) obligation to ensure the support and further development of IS APAO (hereinafter referred to as the ‘Subject-matter’) for the Contracting Authority (hereinafter referred to as the ‘Customer’), to the following extent: a) Provide IS APAO support for the area including user and operation and maintenance support, which are further specified in the catalogue sheets in Annex 2 (Parts 1 to 12) to the Treaty (hereinafter referred to as "Flexible support"). b) Provide flexible support for the operation of IS APAO within the scope of activities specified in the catalogue sheet in Annex 2 (Part 13) to the Treaty (hereinafter referred to as "Flexible support"), while the Contractor acknowledges that Flexible support for the operation of IS APAO is provided not on a regular basis, but on the basis of individual requirements of the Client. Flexible support for the operation of IS APAO will be implemented in the volume of at least 30 man-hours per year and its total volume will not exceed 600 man-hours over the duration of the Contract. The Contractor undertakes to incorporate and submit to the Client the changes made to the APAO IS as part of the Flexible Support in the quarterly update of the pre-implementation analysis. (c) Ensure the specified development of the APAO IS within the scope of the activity specified in the catalogue sheet in Annex 2 (Part 14) to the Contract, which is provided on the basis of the Client’s priority requirements listed in Table 1 of Annex 1 to the Contract (hereinafter referred to as ‘Determined Development’), including the pre-implementation analysis (based on Annex 1 to the Contract), system integration, testing and system documentation. The total number of hours spent on the stipulated development shall not exceed 18 770 man-hours for the entire duration of the Contract. (d) To ensure the development of IS APAO within the scope of the activity specified in the catalogue sheets in Annex 2 (Parts 1 and 14) to the Contract, which is provided on the basis of individual requirements of the Client (hereinafter referred to as "Development on request"). All Developments on request shall not exceed a total of 8,400 man-hours for the entire duration of the Contract. The Contractor undertakes to incorporate and submit to the Client, in the quarterly update of the pre-implementation analysis, the changes made to the APAO IS under Development upon request. (e) Update or, in the event that the Contractor performs the Component Exchange, prepare an EXIT plan – elaboration of a procedure for changing the Contractor or termination of this Agreement. (f) In the event that the Contractor under the Contract is a person different from the person of the Contractor under the previous IS APAO contract who does not have copyright rights to the components of the APAO IS, Reporting Suite and ASD WebSigner, the Subject of performance also includes the Contractor’s obligation to ensure the replacement of two components of the APAO IS, including the pre-implementation analysis, up to a maximum of 600 man-hours (‘Component Exchange’). These man-hours will be drawn from the time subsidy for the determined development. The Contractor is obliged to perform the Contract in accordance with the wording of Article 5(10) of the Contract, i.e. in such a way that the copyright holder for the components of IS APAO, Reporting Suite and ASD WebSigner, ASD Software, s.r.o., ID: 62363930, has not successfully asserted any claims against the Client for unauthorized use of these components in the performance of the Contract.
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