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• ' The Grantee also agrees to include the requirements of this ITEM in each applicable contract or subcontract
<br /> financed in whote or in part with Federal assistance.
<br /> ITEM 30-SEVERABILITY
<br /> The Parties agree that if any provision of this Agreement is held invalid for any reason whatsoever,the remaining
<br /> provisions shall not be aifected thereby if such remainder would then continue to conform to the purposes,terms .
<br /> and requirements of applicable law.
<br /> ITEM 31 -INTELLECTUAL PROPERTY
<br /> A. Patent Rights �
<br /> 1. In accordance with 37 CFR 401,if any invention,improvement,or discovery of the Grantee or any of its .
<br /> third party contractors is conceived or first actually reduced to practice in the course of or under this
<br /> Project,and that invention,improvement,,or discovery is patentable under the laws of the United States
<br /> of America or any foreign country,the Grantee agrees to notify the Department and FTA immediately ,
<br /> and provide a detailed report. The rights and responsibilities of the Grantee,third party contractors
<br /> and the Govemment with respect to such invention,improvement,or discovery will be determined in
<br /> accordance with ap�licable state and federal laws,regulations,policies,and any waiver thereof.
<br /> 2. The Grantee agrees to include this ITEM in its third party contracts for planning,research,
<br /> development,or demonstration under this Project. � �
<br /> B. Rights in Data and Copyrights
<br /> ,.
<br /> 1. The term"subject data"used in this section means recorded information,whether or not copyrighted, �
<br /> that is delivered or specified to be delivered under this Agreement. The term includes graphic or
<br /> pictorial delineation in media such as drawings or photographs;text in specifications or related
<br /> perfomiance or design-type documents;machine forms such as punched cards,magnetic tape,or
<br /> computer memory printouts;and information retained in computer memory. Examples include,but are
<br /> not limited to:computer software,engineering drawings and associated lists,specifications,standards,
<br /> process sheets,manuals,technical reports,catalog item identifications,and related information. The
<br /> term does not inGude financial reports,cost analyses,and similar information incidental to project
<br /> administration.
<br /> 2. The following restrictions apply to all subject data first produced in the performance of this Agreement:
<br /> a) Except for its own intemal use,the Grantee may not publish or reproduce subject data in whole or
<br /> in part,or in any manner or form,nor may the Grantee authorize others to do so,without the
<br /> written consent of the Govemment,until such time as the Govemment may have either released or
<br /> approved the release of such data to the public;this restriction on publication,however,does not
<br /> apply to agreements with academic institutions.
<br /> b) As authorized by 49 CFR section§18.34 and 49 CFR§19.36,the Govemment reserves a royalty-
<br /> free non-exclusive and irrevocable license to reproduce,publish or otherwise use,and to authorize
<br /> others to use,for"federal and state govemment purposes:"
<br /> (i) Any subject data developed under a grant,cooperative agreement,subgrant,sub-agreement,
<br /> or third party contract,inespective of whether or not a copyright has been obtained;and
<br /> (ii) Any rights of copyright to which a GraMee,or a third party contraotor purchases ownership
<br /> with federal or state assistance.
<br /> State/Federal Capilal Grant page 24
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