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<br />Article 15: Intellectual Property <br /> <br />(a). For the purpose of this Article, "intellectual property" refers to 1) any discovery or invention <br />for 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 <br />be obtained. <br /> <br />(b). 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 CAPCO. <br /> <br />(c). The SUBCONTRACTOR may obtain governmental protection for rights in the intellectual <br />property. However, CAPCO and TNRCC hereby reserve a nonexclusive, royalty-free and <br />irrevocable license to use, publish, or reproduce the intellectual property for sale or <br />otherwise, and to authorize others to do so. CAPCO and TNRCC also reserve a royalty-free <br />nonexclusive, and irrevocable license to use, publish, or reproduce for sale or otherwise, <br />and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent <br />consistent with the rights of third parties) any intellectual property for which the <br />SUBCONTRACTOR obtains rights with funds received under this Contract. <br /> <br />(d). In performing work under this Contract, the SUBCONTRACTOR shall comply with all laws, <br />rules, and regulations relating to intellectual property, and shall not infringe on any third <br />party's intellectual property rights. It shall hold CAPCO and the TNRCC harmless for, and <br />to the extent permitted by the laws and Constitution of the State of Texas, defend and <br />indemnify CAPCO against, any claims for infringement related to its work under this <br />Contract. <br /> <br />Article 16: Energy Efficiency Standards <br /> <br />The SUBCONTRACTOR is encouraged to follow standards and policies on energy efficiency which <br />are contained in the Texas State Energy Conservation Plan issued in compliance with the Energy <br />Policy and Conservation Act (P.L. 94-163). <br /> <br />CAPCO FY2001 Solid Waste Inter/ocal Contract <br /> <br />32 <br />