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a) Any subject data developed under a grant, cooperative agreement, sub-grant, sub-
<br /> agreement, or third-[party contract, irrespective of whether or not a copyright has been
<br /> obtained; and
<br /> b) Any rights of copyright to which a grantee or a third-party contractor purchases
<br /> ownership with Federal or State assistance.
<br /> (iii) When the Government provides assistance to a Grantee for a project involving planning,
<br /> research, development, or a demonstrations, it is generally the FTA and the Department's
<br /> intent to increase the body of mass transportation knowledge,rather than to limit the benefits
<br /> of the Project to those parties that have participated therein.Therefore, unless the FTA or the
<br /> Illinois Department of Transportation determine otherwise, the Grantee of Government
<br /> assistance to support planning, research, or development, or a demonstration of project
<br /> financed under the Acts, as amended, understand and agrees that, in addition to the rights
<br /> set forth in subparagraph(b)(2) of this Patent Rights section, the Government may make
<br /> available to DPTS and/or any third-party contractor, or third-party subcontractor, with the
<br /> Government's license in any copyright to the subject data derived under this contract. In the
<br /> event that such a Project,which is the subject of the contract is not completed for any reason
<br /> whatsoever,all data developed under that Project shall become data defined in subparagraph
<br /> (ii)(a) of this Patent Rights section and shall be delivered as the Government may direct.This
<br /> subsection, however,does not apply to adaptations of automatic data processing equipment
<br /> or programs for DPTS's use, which costs are financed in whole or in part with Government
<br /> assistance for transportation capital projects.
<br /> (iv) Unless prohibited by state law, the Contractor and its subcontractors, id any, agree to
<br /> indemnify, save, and hold harmless the Government, their officers, agents, and employees
<br /> acting within the scope of their official duties, against any liability, including costs and
<br /> expenses, resulting from any willful or intentional violation by the Contractor or its
<br /> subcontractors, if any, of proprietary rights, copyrights, or right of privacy arising out of the
<br /> publication,translation,reproduction,delivery use,or disposition of any data furnished under
<br /> this contract. However,the Contractor and its subcontractors, if any,shall not be required to
<br /> indemnify the Government for any such liability arising out of the wrongful acts of employees
<br /> or agents of the Government.
<br /> (v) nothing contained in this Patent Rights section pertaining to rights in data shall imply a
<br /> license to the Government under any patent or be construed as affecting the scope of any
<br /> license or other right otherwise granted to the City, the Department, and FTA under any
<br /> patent.
<br /> 24. Titles
<br /> The Parties agree that the titles of this Agreement are inserted for convenience of identification only
<br /> and shall not be considered for any other purpose.
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