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<br />If PERFORMING AGENCY plans to enter into an agreement which subcontracts out a substantial portion of an
<br />Attachment's Scope of Work, prior written approval must be obtained from RECEIVING AGENCY. Subcontracts
<br />that must have prior written approval are those that exceed $25,000 or 25 % of the applicable Attachment amount,
<br />whichever is greater.
<br />PERFORMING AGENCY shall ensure that:
<br />. all subcontractors are fully aware of the requirements imposed upon them by state/federal statutes
<br /> and regulations;
<br />. all subcontractors comply with all fmancial management requirements as deemed by RECEIVING
<br /> AGENCY and the applicable OMB circulars;
<br />. subcontractors complete required audits;
<br />. an adequate tracking system is maintained to ensure timely receipt of any subcontractor's required
<br /> audit reports and the resolution of any fmdings and questioned costs cited by these reports.
<br />ARTICLE 22. Copyriehts. Publications. and Patents
<br />
<br />PERFORMING AGENCY agrees that all work performed that results in the production of original books, manuals,
<br />fdms, or other original material is the exclusive property of the RECEIVING AGENCY unless the contract
<br />Attachment(s) that result in the production of original books, manuals, fùms, or other original material is fmanced
<br />by a federal grant, the terms of which provide otherwise. All right, title, and interest in and to said property shall vest
<br />in the RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" and
<br />made in the course of the services rendered pursuant to this contract. To the extent that title to any such work may
<br />not, by operation of law, vest in RECEIVING AGENCY or such work may not be considered a work made for hire,
<br />all rights, title and interest therein are hereby irrevocably assigned to the RECEIVING AGENCY. RECEIVING
<br />AGENCY shall have the right to obtain and to hold in its own name any and all patents, copyrights, trademarks,
<br />service marks, certification marks, collective marks, registrations, or such other protection as may be appropriate to
<br />the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY shall ensure all rights, titles,
<br />and interest in and to said property are secured to RECEIVING AGENCY from PERFORMING AGENCY and its
<br />subcontractors. PERFORMING AGENCY agrees to give RECEIVING AGENCY and agrees to require its
<br />subcontractors to give RECEMNG AGENCY, or any person designated by RECEIVING AGENCY, all assistance
<br />required to perfect the rights deemed in this Article, without any charge or expense beyond those amounts payable
<br />to PERFORMING AGENCY for the services rendered under the contract.
<br />PERFORMING AGENCY understands and agrees that, if federal funds are used to fmance activities supported by
<br />the contract Attachment(s) that result in the production of original books, manuals, films, or other original material,
<br />the federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or
<br />otherwise use, and to authorize others to use, for federal government purposes (1) the copyright in any work
<br />developed under a grant, subgrant, or contract under a grant or sub grant; and (2) any rights of copyright to which a
<br />PERFORMING AGENCY or its subcontractor purchases ownership with grant support. PERFORMING AGENCY
<br />shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as. appropriate, on any
<br />publication written or published with such support and, if feasible, on any publication reporting the results of or
<br />describing a grant-supported activity. An acknowledgment shall be to the effect that "This publication was made
<br />possible by grant number from (federal awarding agency)" or "The project described was supported
<br />by grant number from (federal awarding agency)" and "Its contents are solely the responsibility
<br />of the authors and do not necessarily represent the official views of the (federal awarding agency)."
<br />
<br />In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING
<br />AGENCY reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and
<br />to authorize others to use, for RECEMNG AGENCY and state government purposes (1) the copyright in any work
<br />(Independent) 1998 GENERAL PROVISIONS Page 12 (8/97)
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