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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 affected 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 Government with respect to such invention, improvement,or discovery will be determined in
<br /> accordance with applicable 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 /> 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 /> performance 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 include 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 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,un61 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 agreements with academic institutions.
<br /> b} As authorized by 49 CFR section§18.34 and 49 CFR§19.36,the Government reserves a royalty-
<br /> free non-exclusive and irrevocable license to reproduce, publish or otherwise use,and to authorize
<br /> others to use,for"federat and state government 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 federa!or slate assistance.
<br /> 3. Whera the Governnnent�ro�ides a�e to a Gra�nfee for a Project invofving 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 /> State/Federal Capita!Grant page 24 •
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