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<br /> 2. The following restrictions apply to all subject data first produced in the performance of this Agreement:
<br /> a) Except for its own internal 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 Government 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 agreemen4s 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, irrespective of whether or not a copyright has been obtained;and
<br /> (ii) Any rights of copyright to which a Grantee,or a third party contractor purchases ownership
<br /> with federal or state assistance.
<br /> 3. When the Government 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,unless FTA or the Department determines otherwise,the
<br />, Grantee of Government assistance to support planning,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 available to Grantee and/or any '
<br /> third party contractor or third party subcontractor,either GovernmenYs 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 shall 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 processing equipment or j
<br /> programs for the Grantee's use,which costs are financed in whole or in part with Government
<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 officers,agents,and emptoyees 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 required to indemnify the State of Illinois and FTA for any such
<br /> liabiliry arising out of the wrongful acts of employees or agents of the Government.
<br /> 5. Nothing contained in this ITEM on rights in data shall imply a license to the Government under any
<br /> patent or be construed as affecting the scope of any license or other right otherwise 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 fumished
<br /> to the Grantee by the Government and incorporated in the work camed 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 /> State/Federal Capital Grant page 25
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