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<br />I <br /> <br />18. COPYRIGHTS AND RIGHTS IN DATA <br /> <br />(a) The engineer agrees that any plans, drawings, designs, specifications, <br />computer programs (which are substantially paid for with EPA grant funds), techni- <br />cal reports, operating manuals, and otherwork submitted with a step 1 facilities <br />plan or with a step 2 or step 3 grant application or which are specified to be <br />delivered under this agreement or which are developed or produced and paid for <br />under this agreement (referred to in this clause as "Subject Data") are subject <br />to the rights in the United States, as set forth in subpart D of 40 CFR part 30 <br />and in appendix C to 40 CFR part 30, in effect on the date of execution of this <br />agreement. These rights include the right to use, duplicate, and disclose such <br />subject data, in whole or in part, in any manner for any purpose whatsoever, and to <br />have others do so. For purposes of this clause, "grantee" as used in appendix C <br />refers to the engineer. If the material is copyrightable the engineer may-copyright <br />it, as appendix C permits, subject to the rights in the Government in appendix C, <br />but the m.mer and the Federal Goverrunent reserve a royalty-free, nonexclusive, <br />and irrevocable license to reproduce, publish, and use such materials, in whole <br />or in part, and to authorize others to do so. The engineer shall include appro- <br />priate proviSions to achieve the purpose of this condition in all subcontracts <br />expected to produce copyrightable subject data. <br />(b) All such subject data furnished by the engineer pursuant to this agree- <br />ment are instruments of his services in respect of the project. It is understood <br />that the engineer does not represent such subject data to be suitable for reuse <br />on any other project or for any other purpose. If the owner reuses the subject <br />data without the subject data without the engineer's specific written verification <br />or adaptation, such reuse will be at the risk of the owner, without liability to <br />the engineer. Any such verification or adaptation will entitle the engineer to <br />further compensation at rates agreed upon by the owner and the engineer. <br /> <br />I <br /> <br />Page 8 of 8 pages <br />