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CAP-10-962-ARRA, Contract No. 4021
<br /> a. Except for its own internal use, the Grantee may not publish or reproduce subject data
<br /> in whole or in part, or in any manner or form, nor may the Grantee authorize others to
<br /> do so, without the written consent of the Government, until such time as the
<br /> Government may have either released or approved the release of such data to the
<br /> public; this restriction on publication, however, does not apply to agreements with
<br /> academic institutions.
<br /> b. As authorized by 49 CFR Part 18.34 and 49 CFR Part 19.36, the Government
<br /> reserves a royalty-free non-exclusive and irrevocable license to reproduce, publish or
<br /> otherwise use, and to authorize others to use, for"federal and state government
<br /> purposes:"
<br /> i. Any subject data developed under a grant, cooperative agreement, subgrant, sub-
<br /> agreement, or third party contract, irrespective of whether or not a copyright has
<br /> been obtained; and
<br /> ii. Any rights of copyright to which a Grantee, or a third party contractor purchases
<br /> ownership with federal or state assistance.
<br /> 3. When the Government provides assistance to a Grantee for a Project involving planning,
<br /> research, development, or a demonstration, it is generally FTA's and the Department's intent
<br /> to increase the body of public transportation knowledge, rather than to limit the benefits of
<br /> the Project to those parties that have participated therein. Therefore, unless FTA or the
<br /> Department determines otherwise, the Grantee of Government assistance to support
<br /> planning, research, or development or a demonstration project financed under the Acts, as
<br /> amended, understands and agrees that, in addition to the rights set forth in subparagraph
<br /> (B)(2)of this ITEM, the Government may make available to the Grantee and/or any third
<br /> party contractor or third party subcontractor, either GovernmenYs license in the copyright to
<br /> the subject data derived under this Agreement or a copy of the subject data first produced
<br /> under this Agreement. In the event that such a Project, which is the subject of this
<br /> Agreement, is not completed for any reason whatsoever, all data developed under that
<br /> Project shall become data as defined in subparagraph (B)(1)of this ITEM and shall be
<br /> delivered as the Government may direct. This subsection, however, does not apply to
<br /> adaptations of automatic data processing equipment or programs for the Grantee's use,
<br /> which costs are financed in whole or in part with Government assistance for transportation
<br /> capital projects.
<br /> 4. Unless prohibited by state law, the Grantee agrees to indemnify, save and hold harmless the
<br /> State of Illinois and FTA, their officers, agents, and employees acting within the scope of
<br /> their official duties, against any liability, including costs and expenses, resulting from any
<br /> willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of
<br /> privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition
<br /> of any data furnished under this Agreement. However, the Grantee shall not be required to
<br /> indemnify the State of Illinois and FTA for any such liability arising out of the wrongful acts of
<br /> employees or agents of the Government.
<br /> 5. Nothing contained in this ITEM pertaining to rights in data shall imply a license to the
<br /> Government under any patent or be construed as affecting the scope of any license or other
<br /> right otherwise granted to the Department and FTA under any patent. ,
<br /> 6. The requirements of subparagraphs (B)(2), (3), and (4)of this ITEM do not apply to material I'
<br /> furnished to the Grantee by the Government and incorporated in the work carried out under
<br /> the Agreement; provided that such incorporated material is identified by the Grantee at the I
<br /> time of delivery of such work.
<br /> State/Federal Capital Grant Page 31
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