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Res 2009-131
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Res 2009-131
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1/22/2010 3:09:17 PM
Creation date
10/12/2009 9:38:42 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Grant Application
Number
2009-131
Date
10/5/2009
Volume Book
183
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days from the notice date, or either party may invoke the dispute resolution process of Article <br />18. <br />U. If this Contract is terminated for breach under Subsection (a), Contractor is entitled to <br />compensation for services it performed and goods it provided before it received notice of <br />termination. However, CAPCOG is not liable to Contractor for costs it paid or incurred under <br />this Contract after or in anticipation of its receipt of notice of termination. <br />(c). Termination for breach under Subsection (a) does not waive CAPCOG's claim for damages <br />resulting from the breach, and CAPCOG among other remedies may withhold from <br />compensation owed Contractor an amount necessary to satisfy CAPCOG's claim. <br />Article 13: Severability <br />All parties agree that should any provision of this Contract be determined to be invalid or <br />unenforceable, such determination shall not affect any other term of this Contract, which shall <br />continue in full force and effect. <br />Article 14: Data and Publicity <br />All data and other information developed under this Contract shall be furnished to CAPCOG and shall <br />be public data and information except to the extent that it is exempted from public access by the Texas <br />Open Records/Public Information Act, TEX. GOV'T CODE Chapter 552. Upon termination of this <br />Contract, all data and information shall become the joint property of CAPCOG and the <br />SUBCONTRACTOR. <br />Article 15: Intellectual Property <br />(a). For the purpose of this Article, "intellectual property" refers to 1) any discovery or invention for <br />which patent rights may be acquired, and 2) any photographs, graphic designs, plans, <br />drawings, specifications, computer programs, technical reports, operating manuals, or other <br />copyrightable materials, and 3) any other materials in which intellectual property rights may be <br />obtained. <br />U. If the SUBCONTRACTOR conceives of, actually puts into practice, discovers, invents or <br />produces any intellectual property during the course of its work under this Contract, it shall <br />report that fact to CAPCOG. <br />(c). The SUBCONTRACTOR may obtain governmental protection for rights in the intellectual <br />property. However, CAPCOG and TCEQ hereby reserve a nonexclusive, royalty-free and <br />irrevocable license to use, publish, or reproduce the intellectual property for sale or otherwise, <br />and to authorize others to do so. CAPCOG and TCEQ also reserve a royalty-free nonexclusive, <br />and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize <br />others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the <br />rights of third parties) any intellectual property for which the SUBCONTRACTOR obtains rights <br />with funds received under this Contract. <br />CAPCOG FY2010 Solid Waste Interlocal Contract 32
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