Laserfiche WebLink
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 <br />