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<br />"Intellectual property" means created property that may be protected under copyright, patent, or trademark/service
<br />mark law.
<br />
<br />"Work made for hire" is a copyrightable work prepared for RECEIVING AGENCY use, or a work specially ordered
<br />or commissioned through a contract for RECEIVING AGENCY use. RECEIVING AGENCY owns works made for
<br />hire unless it agrees otherwise by contract.
<br />
<br />If federal or state funds are used to finance activities supported by this Contract that result in the production of
<br />original material, the federal or state awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to
<br />reproduce, publish, or otherwise use, and to authorize others to use, for federal or state government purposes (1) the
<br />copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of
<br />copyright to which a PERFORMING AGENCY or its subrecipient purchases ownership with grant support.
<br />PERFORMING AGENCY shall place an acknowledgment of federal or state awarding agency grant support and a
<br />disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any
<br />publication reporting the results of or describing a grant-supported activity. An acknowledgment shall be to the effect
<br />that '''Ibis publication was made possible by grant number _ from (federal or state awarding agencv)" or "The
<br />project described was supported by grant number from (federal or state awarding agency)" and "Its contents
<br />are solely the responsibility of the authors and do not necessarily represent the official views of the (federal or state
<br />awarding agencv)."
<br />
<br />In the event the tetms of a federal or state grant award the copyright to PERFORMING AGENCY, RECENING
<br />AGENCY reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise
<br />use, and to authorize others to use, for RECEIVING AGENCY, public health, and state governmental noncommercial
<br />purposes (1) the copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to any
<br />process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets;
<br />and computer software, in any work developed under a grant, sub grant, or contract under a grant or subgrant; and (2)
<br />any rights of copyright, service or trade marks or patents to which a grantee, sub grantee or a PERFORMING
<br />AGENCY purchases ownership with grant support.
<br />
<br />Ifthe results of the contract performance are subject to copyright law, the PERFORMING AGENCY cannot publish
<br />those results without prior review and approval of RECENING AGENCY.
<br />
<br />ARTICLE 10. Historicallv Underutilized Bnsinesses
<br />
<br />If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a
<br />good faith effort to subcontract with HUBs during the performance ofits contract Attachment(s) with RECENING
<br />AGENCY and will report HUB subcontract activity on a quarterly basis to RECENING AGENCY.
<br />
<br />ARTICLE 11. Conflict oflnterest
<br />
<br />PERFORMING AGENCY does not have nor will it acquire any interest that would conflict in any manner with the
<br />perfotmance of its obligations under this contract. Potential conflicts of interest include an existing business or
<br />personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient with
<br />RECENING AGENCY, its board members, officers or employees, or any other entity or person involved in any way
<br />in any project that is the subject of this contract.
<br />
<br />ARTICLE 12. Certification of Software. Hardware. Firmware and Micro Code Prodncts
<br />
<br />PERFORMING AGENCY certifies that any supplied or supported software, hardware, firmware, and micro code
<br />products used individually or together as a system to comply with RECEIVING AGENCY contract requirements shall
<br />
<br />(LGS)
<br />
<br />GENERAL PROVISIONS 6/2004
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