2000-014-RES ACCEPTING GRANT AWARD FOR FY 2000-2001

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Attachment D Standard Provisions and Assurances coded as 45 C.F.R. SECTION 9.0 DISPUTES 9.1. Contractor shall utilize the complaint procedure promulgated by those rules, regulations and laws identified in PART I PARTIES TO CONTRACT, as available, for all complaints arising under activities funded by this Contract unless otherwise provided for by the terms of this Contract. SECTION 10.0 INTELLECTUAL PROPERTY 10.1. For the purpose of this Section, "intellectual property" refers to 1) any discovery or invention for which patent rights may be acquired, and 2) any photographs, graphic designs, plans, drawings, specifications, computer programs, technical reports, operating manuals, or other copyrightable materials, and 3) any other materials in which intellectual property rights may be obtained. 10.2. If the Contractor first conceives of, actually puts into practice, discovers, invents, or produces any intellectual property during the course of its work under this Agreement, it shall report that fact to A TCOG. 10.3. The Contractor may obtain governmental protection for rights in the intellectual property. However, ATCOG and TNRCC hereby reserves a nonexclusive, royalty-free and irrevocable license to use, publish, or reproduce the intellectual property for sale or otherwise, and to authorize others to do so. A TCOG and TNRCC also reserves a royalty- free nonexclusive and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of the third parties) any intellectual property for which the Contractor obtains rights with funds received under this Agreement. 10.4. In performing work under this Agreement, the Contractor shall comply with all laws, rules, and regulations relating to intellectual property, and shall not infringe on any third-party's intellectual property rights. It shall hold A TCOG harmless for, and to the extent permitted by the laws and Constitution of the State of Texas, defend and indemnify ATCOG against, any claims for infringement related to its work under this Agreement. 10.5. The Contractor shall include provisions adequate to effectuate the purpose of this Section in all subagreements and subcontracts under this Agreement in the course of which intellectual property may be produced or acquired. 28