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organization, institution of higher education,or individual,the Recipient will transmit the Federal <br /> Government's patent rights to FTA,as specified in 35 U.S.C. § 200 et seq and U.S. Department of <br /> Commerce regulations,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms <br /> Under Government Grants,Contracts and Cooperative Agreements,"37 C.F.R. <br /> part 401. <br /> Rights in Data and Copyrights <br /> For projects funded through a Federal award with FTA for experimental,developmental,or research <br /> work purposes,depending on the nature of the Underlying Agreement,the Federal Government may <br /> acquire patent rights when the Recipient or Third-Party Participant produces a patented or patentable <br /> invention,improvement,or discovery.As such,certain Patent Rights and Data Rights apply to all subject <br /> data first produced in the performance of this Contract.The Contractor shall grant the AGENCY <br /> intellectual property access and licenses deemed necessary for the work performed under this <br /> Agreement and in accordance with the requirements of 37 C.F.R. part 401, "Rights to Inventions Made <br /> by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and <br /> Cooperative Agreements,"and any implementing regulations issued by FTA or U.S. DOT. Subject data <br /> includes,but is not limited to:computer software,standards,specifications,engineering drawings and <br /> associated lists, process sheets, manuals,technical reports,catalog item identifications,and related <br /> information, but do not include financial reports,cost analyses,or other similar information used for <br /> performance or administration of the Underlying Agreement. <br /> Energy Conservation <br /> The Contractor agrees to comply with the mandatory energy standards and policies of its state energy <br /> conservation plans under the Energy Policy and Conservation Act,as amended,42 U.S.C.§6321 et <br /> seq.,as amended. <br /> Recycled Products <br /> The Contractor agrees to give preference to the purchase and/or provision of recycled products or <br /> products that conserve natural resources,where appropriate and applicable,for use in this <br /> acquisition, pursuant to the various Environmental Protection Agency(EPA)guidelines contained in 40 <br /> CFR, Parts 247-254,as amended. <br /> Safe Operations of Motor Vehicles <br /> Seat Belt Use.The Recipient agrees to implement Executive Order No. 13043,"Increasing Seat Belt Use <br /> in the United States,"April 16,1997,23 U.S.C.§402 note,(62 Fed.Reg. 19217), by: <br /> (1)Adopting and promoting on-the-job seat belt use policies and programs for its employees and other <br /> personnel that operate company-owned vehicles,company-rented vehicles,or personally operated <br /> vehicles;and 93 <br /> (2)Including a"Seat Belt Use"provision in each third party agreement related to the Award. <br /> Distracted Driving, Including Text Messaging While Driving.The Recipient agrees to comply with:(1) <br /> Executive Order No. 13513,"Federal Leadership on Reducing Text Messaging While Driving,"October 1, <br /> 2009, 23 U.S.C.§402 note,(74 Fed. Reg.51225);(2)U.S. DOT Order 3902.10, "Text Messaging While <br /> Driving,"December 30,2009;and(3)The following U.S.DOT Special Provision pertaining to Distracted <br /> Driving:(i)Safety.The Recipient agrees to adopt and enforce workplace safety policies to decrease <br /> crashes caused by distracted drivers,including policies to ban text messaging while using an electronic <br /> device supplied by an employer,and driving a vehicle the driver owns or rents,a vehicle Recipient owns, <br /> leases,or rents, or a privately-owned vehicle when on official business in connection with the Award,or <br />