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<br />shall ensure all rights, titles, and interest in and to the intellectual property are secured to RECEIVING AGENCY
<br />from PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVING
<br />AGENCY and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by
<br />RECEIVING AGENCY, all assistance required to perfect the rights defined in this Article, without any charge or
<br />expense beyond those amounts payable to PERFORMING AGENCY for the services fendered under the contract.
<br />
<br />Iffederal funds are used to finance activities supported by the contract Attachment(s) that result in the production
<br />of original books, manuals, films, or other original material, the federal awarding agency reserves a royalty-free,
<br />nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
<br />federal government purposes (I) the copyright in any work developed under a grant, subgrant, or contract under
<br />a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient
<br />purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal
<br />awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such
<br />support and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An
<br />acknowledgment shall be to the effect that "This publication was made possible by grant number
<br />from (federal awardinll allencv)" or "The project described was supported by grant number from
<br />(federal awardini allencv)" and "Its contents are solely the responsibility of the authors and do not necessarily
<br />represent the official views ofthe (federal awardinl1 allencv)."
<br />
<br />In the event the tenns ofa federal grant award the copyright to PERFORMING AGENCY, RECEIVING AGENCY
<br />reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use,
<br />and to authorize others to use, for RECEIVING AGENCY, public health, and state governmental noncommercial
<br />purposes (I) the copyright, trade mark, service mark, and patent on an invention, discovery, or improvement to any
<br />process, machine, manufacture, or composition of matter; products; technology; scientific infonnation; trade
<br />secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or
<br />subgrant; and (2) any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a
<br />contractor purchases ownership with grant support.
<br />
<br />PERFORMING AGENCY may publish the results of the contract perfonnance if those results are subject to
<br />copyright law at its expense with prior RECEIVING AGENCY review and approval. RECEIVING AGENCY will
<br />not withhold the approval unreasonably. If RECEIVING AqENCY withholds approval, PERFORMING AGENCY
<br />may still publish the results of the contract perfonnance but shall not reference the Texas Department of Health
<br />in any manner. If RECEIVING AGENCY approves and owns the copyright, any publication should include"~
<br />Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the year of publication), All Rights Reserved."
<br />If PERFORMING AGENCY is the copyright holder, any publication shall include acknowledgment of the support
<br />received from RECEIVING AGENCY. At least six copies of any such publication must be provided to
<br />RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies before or after the
<br />initial review.
<br />
<br />PERFORMING AGENCY and any subrecipient, as appropriate, must comply with the standard patent rights
<br />clauses in 37 Code of Federal Regulations g401.14 or Federal Acquisition Regulations 52.227.11.
<br />
<br />ARTICLE 9. Historicallv Underutilized Businesses
<br />
<br />RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, and 1 TAC gglll.I 1_
<br />111.24 whereby state agencies are required to make a good faith effort to assist historically underutilized businesses
<br />. (HUBs) in receiving contract awards issued by the state to purchase "goods," which are defined as "supplies,
<br />materials, or equipment," services, or public works.
<br />
<br />(WS)
<br />
<br />2000 GENERAL PROVISIONS Page 7
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