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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 <br />