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Res 2009-143
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Res 2009-143
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Last modified
1/7/2010 1:40:56 PM
Creation date
10/30/2009 2:45:37 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Grant Application
Number
2009-143
Date
10/20/2009
Volume Book
183
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work or services performed hereunder, the Grantee shall furnish to the Government, when requested by <br />the Contracting Officer, all evidence and information in possession of the Grantee pertaining to such suit <br />or claim. Such evidence and information shall be furnished at the expense of the Government except <br />where the Grantee has agreed to indemnify the Government. <br />(c) This clause shall be included in all contracts and subgrants under this grant. <br />REPORTING OF ROYALTIES (41 CFR 9-9.110) <br />If this grant is in an amount which exceeds $10,000 and if any royalty payments are directly involved in the grant or <br />are reflected in the grant price to the Government, the Grantee agrees to report in writing to the Patent Counsel (with <br />notification by Patent Counsel to the Contracting Officer) during the performance of this grant and prior to its <br />completion of final settlement the amount of any royalties or other payments paid or to be paid by it directly to <br />others in connection with the performance of this grant together with the names and addresses of licensers to whom <br />such payments are made and either the patent numbers involved or such other information as will permit the <br />identification of the patents or other basis on which the royalties are to be paid. The approval of DOE of any <br />individual payments or royalties shall not stop the Government at any time from contesting the enforceability, <br />validity or scope of, or title to, any patent under which a royalty or payments are made. <br />RIGHTS IN TECHNICAL DATA (SHORT FORM) <br />(a) Definitions. The definitions of terms set forth in DEAR 927.401 apply to the extent these terms are used <br />herein. <br />(b) Allocation of Rights. <br />(1) The Government shall have: <br />(i) Unlimited rights in technical data first produced or specifically used in the performance of this <br />grant; <br />(ii) The right of the Contracting Officer or his representatives to inspect, at all reasonable times up to <br />three years after final payment under this grant, all technical data first produced or specifically <br />used in the grant (for which inspection the Grantee or its contractor or subgrantee shall afford <br />proper facilities to DOE); and <br />(iii) The right to have any technical data first produced or specifically used in the performance of this <br />grant delivered to the Government as the Contracting Officer may from time-to-time direct during <br />the progress of the work, or in any event as the Contracting Officer shall direct upon completion or <br />termination of this grant. <br />(2) The Grantee shall have: <br />The right to use for its private purposes, subject to patent, security or other provisions of this grant, <br />technical data it first produces in the performance of this grant provided the date requirements of this <br />grant have been met as of the date of the private use of such data. The Grantee agrees that to the extent <br />it receives or is given access to proprietary data or.other technical, business or financial data in the <br />form of recorded information from DOE or a DOE contractor or subcontractor, the Grantee shall treat <br />such data in accordance with any restrictive legend contained thereon, unless use is specially <br />authorized by prior written approval of the Contracting Officer. <br />(c) Copyrighted Material.
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