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<br /> recipient, subrecipient, third party contractor, or third party subcontractor, either FTA's license
<br /> in the copyright to the subject data derived under this Agreement or a copy of the subject data
<br /> _ first produced under this Agreement. In the event that such a Project, which is the subject of this
<br /> Agreement, is not completed for any reason whatsoever, all data developed under that Project
<br /> shall become sul�ject data as defined in Part II, Subsection 116.a of this Agreemex�t and shall be
<br /> deli��ered as the Government may direct. This subsection of Part II of the Agreetncnt, however,
<br /> does not ap�l}� to adaptations of automatic data processing eqoipment or grograms for the
<br /> Recipient's use which costs are financed with capital funds (sections 3, 9, 16, 18, or 25 of the
<br /> Federal Transit Act, as amended, or Title 23 capital funds).
<br /> d. Unless prohibited by State law, the Recipient agrees to indemnify, save and hold haimless the
<br /> Government, its officers, 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
<br /> violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising out of the
<br /> publication, translation, reproduction, delivery, use, or disposition of any data furnished under
<br /> this Agreement. The Recipient sha11 not be required to indemnify the Government for any such
<br /> liability arisin� out of the wrongful acts of employees or agents of the Government.
<br /> e. Nothing contained in this section on rights in data shall imply a license to the Government
<br /> under an� patent or be construed as affecting the scope of any license or other right otherwise
<br /> gramed to the Government under any patent.
<br /> f. The require��ents �f Part II, Subsections 116.b, 1 l 6.c, and l 16.d of this Agreement do not
<br /> appl�� to material furnished to the Recipient by the Government and incorporated in the work
<br /> carried out under the Agreement; provided that such incorporated material is identified by the
<br /> Recipient at the time of delivery of such work.
<br /> I g. Unless FTA determines otherwise, the Recipient agrees to include the requirements of
<br /> Part II. Subsections l 16.a throu h 116.f of th�s A eement m its third art contracts for
<br /> g �' P Y
<br /> planning, research, de��elopment, or demonstration under this Project.
<br /> Sect�on l 17. Ci��il Kights.
<br /> a. Equa1 Emplo��rnent �ppartunitv. The following requirements apply to the Project:
<br /> (] ) ln implementing the Project, the Recipient may not discriminate against any employee or
<br /> applicant for employment because of race, color, creed, sex, disability, age, or national origin.
<br /> The Recipient agrees to take affirmative action to ensure that applicants are employed, and that
<br /> employees are treated during employment, without regard to their race, color, creed, sex,
<br /> disability, age, or national origin. Such acrion shall include, but not be limited to, the following:
<br /> employment, upgrading, demotion or transfer,recruitment or recruitment advertising, layoff or
<br /> termination; rates of pay or other forms of compensation; and selection for training, including
<br /> apprenticeship. The Recipient shall insert the foregoing provision (modified only to show the
<br /> particular contractual relationship) in all its third party contracts for Project implementation,
<br /> except contracts for standard commercial supplies or raw materials and eonstruetion contracts,
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