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Res 2008-142
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Res 2008-142
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4/15/2009 4:02:51 PM
Creation date
10/29/2008 1:44:37 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2008-142
Date
10/21/2008
Volume Book
178
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any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a <br />Contractor purchases ownership with contract funds. <br />e) If the results of the contract performance are subject to copyright law, the Contractor cannot <br />publish those results without prior review and approval of DSHS. Contractor shall submit <br />requests for review and approval to the Division Contract Management Unit assigned to the <br />Program Attachment. <br />Section 13.06 Other Intangible Property. At the conclusion of the contractual relationship <br />between Department and the Contractor, for any reason, Department shall have the sole ownership <br />rights and interest in all non-copyrightable intangible property that was developed, produced or <br />obtained by Contractor as a specific requirement under this Contract or under any grant that funds <br />this Contract, such as domain names, URLs, etc. Contractor shall cooperate with Department and <br />perform all actions necessary to transfer ownership of such property to the Department or its <br />designee, or otherwise affirm Department's ownership rights and interest in such property. This <br />provision shall survive the termination or expiration of this Contract. <br />Section 13.07 Severability and Ambiguity. If any provision of this Contract is construed to be <br />illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same <br />extent and effect as if never incorporated, but all other provisions will continue. Parties represent and <br />agree that the language contained in this Contract is to be construed as jointly drafted, proposed and <br />accepted. <br />Section 13.08 Legal Notice. Any notice required or permitted to be given by the provisions of this <br />Contract shall be deemed to have been received by a Party on the third business day after the date on <br />which it was mailed to the Party at the address first given above (or at such other address as the Party <br />shall specify to the other Party in writing) or, if sent by certified mail, on the date of receipt. <br />Section 13.09 Successors. This Contract shall be binding upon the Parties and their successors and <br />assignees, except as expressly provided in this Contract. <br />Section 13.10 Headings. The articles and section headings used in this Contract are for convenience <br />of reference only and shall not be construed in any way to define, limit or describe the scope or intent <br />of any provisions. <br />Section 13.11 Parties. The Parties represent to each other that they are entities fully familiar with <br />transactions of the kind reflected by this document, and are capable of understanding the terminology <br />and meaning of its terms and conditions and of obtaining independent legal advice pertaining to this <br />Contract. <br />Section 13.12 Survivability of Terms. Termination or expiration of this Contract or a Program <br />Attachment for any reason shall not release either Party from any liabilities or obligations set forth in <br />this Contract that (a) the Parties have expressly agreed shall survive any such termination or <br />expiration, or (b) remain to be performed or (c) by their nature would be intended to be applicable <br />following any such termination or expiration. <br />Section 13.13 Direct Operation. The Department may temporarily assume operations of a <br />Contractor's program or programs funded under this Contract when the continued operation of the <br />General Provisions (Core Subrecipient 2009) 6/5/08 Page 27 of 38
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