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3. When the Govemment provides assistance to a Grantee for a Project involving planning,research,
<br /> development,or a demonstration,it is generally FTA's and the DepartmenYs intent to increase the
<br /> body of mass transportation knowledge,rather than to limit the benefits of the Project to those parties
<br /> that have participated therein. Therefore,uniess FTA or the Department determines otherwise,the
<br /> Grantee of Govemment assistance to support ptanning,research,or development or a demonstration
<br /> project financed under the Acts,as amended,understands and agrees that, in addition to the rights set
<br /> forth in subparagraph(B)(2)of this ITEM,the Govemment may make availabie to Grantee and/or any
<br /> third party contractor or third party subcontractor,either GovemmenYs license in the copyright to the
<br /> subject data derived under this Agreement or a copy of the subject data first produced under this
<br /> Agreement. In the event that such a Project,which is the subject of this Agreement,is not completed
<br /> for any reason whatsoever,all data developed under that Project shali become data as defined in
<br /> subparagraph(B)(1)of this ITEM and shall be delivered as the Govemment may direct. This
<br /> subsection,however,does not apply to adaptations of automatic data prooessing equipment or
<br /> programs for the Grantee's use,which costs are financed in whole or in part with Govemment
<br /> assistance for transportation capital projects. �
<br /> 4. Unless prohibited by state law,the Grantee agrees to indemnify,save and hold harmless the State of
<br /> Illinois and FTA,their officecs,agents,and employees acting within the scope of their official duties,
<br /> against any liability,including costs and expenses,resulting from any willful or intentional violation by
<br /> the Grantee of proprietary rights,copyrights,or right of privacy,arising out of the publication,
<br /> translation,reproduction,delivery, use,or disposition of any data fumished under this Agreement. _
<br /> However,the Grantee shall not be�equired to indemnify the State of Illinois and FTA for any such
<br /> liability arising out of the wrongful acts of employees or agents of the Govemment.
<br /> 5. Nothing contained in this ITEM on rights in data shall imply a license to the Govemment under any �- �
<br /> patent or be construed as affecting the scope of any license or other right othervvise granted to the
<br /> 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 furnished
<br /> to the Grantee by the Government and incorporated in the work carried out under the Agreement;
<br /> provided that such incorporated material is identified by the Grantee at the time of delivery of such
<br /> work.
<br /> 7. Unless the Government determines otherwise,the Grantee agrees to include the requirements of
<br /> subparagraphs(B)(1)through(B)(6)of this ITEM in its third party contracts for planning,research,
<br /> development,or demonstration under this Project.
<br /> ITEM 32-AMENDMENT
<br /> Except as provided in the PROJECT BUDGET ITEM,the Parties agree that no change or modification to this
<br /> Agreement,or any Exhibits or Attachments hereto,shall be of any force or effect unless the amendment is dated,
<br /> reduced to writing,executed by both parties,and attached to and made a part of this Agreement. No work shall be
<br /> commenced and no costs or obligations shall be incurred in consequence of any amendment to this Agreement or
<br /> any attachments hereto unless and until such amendment has been executed and made a part of this Agreement
<br /> and the Approved Project Budget has been amended to conform thereto.
<br /> 1TEM 33-TITLES
<br /> The Parties agree that the titles of the items of this Agreement,hereinabove set forth,are inserted for convenience
<br /> of identifica6on only and shall not be considered for any other purpose.
<br /> State/Federal Capital Grant PaBe�s
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