|
<br />PERFORMING AGENCY shall ensure that:
<br />
<br />. all subcontractors are fully aware of the requirements imposed upon them by state/federal statutes
<br />and regulations;
<br />. all subcontractors comply with all financial management requirements as defmed by RECEIVING
<br />AGENCY and the applicable OMB circulars;
<br />. subcontractors complete required audits;
<br />. an adequate tracking system is maintained to ensure timely receipt of any subcontractor's required
<br />audit reports and the resolution of any fmdings and questioned costs cited by these reports.
<br />
<br />ARTICLE 22. CODvri~hts. Publications. and Patents
<br />
<br />PERFORMING AGENCY agrees that all work performed that results in the production of original books, manuals,
<br />mms, or other original material is the exclusive property of the RECEIVING AGENCY unless the contract
<br />Attachment(s) that result in the production of original books, manuals, films, or other original material is fmanced
<br />by a federal grant, the terms of which provide othelWise. All right, title, and interest in and to said property shall vest
<br />in the RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" and
<br />made in the course of the services rendered pursuant to this contract. To the extent that title to any such work may
<br />not, by operation of law, vest in RECEIVING AGENCY or such work may not be considered a work made for hire,
<br />all rights, title and interest therein are hereby irrevocably assigned to the RECEIVING AGENCY. RECEIVING
<br />AGENCY shall have the right to obtain and to hold in its own name any and all patents, copyrights, trademarks,
<br />service marks, certification marks, collective marks, registrations, or such other protection as may be appropriate to
<br />the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY shall ensure all rights, titles,
<br />and interest in and to said property are secured to RECEIVING AGENCY from PERFORMING AGENCY and its
<br />subcontractors. PERFORMING AGENCY agrees to give RECEIVING AGENCY and agrees to require its
<br />subcontractors to give RECEIVING AGENCY, or any person designated by RECEIVING AGENCY, all assistance
<br />required to perfect the rights defmed in this Article, without any charge or expense beyond those amounts payable
<br />to PERFORMING AGENCY for the services rendered under the contract.
<br />
<br />PERFORMING AGENCY understands and agrees that, if federal funds are used to fmance activities supported by
<br />the contract Altachment(s) that result in the production of original books, manuals, films, or other original material,
<br />the federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or
<br />othelWise use, and to authorize others to use. for federal government purposes (I) the copyright in any work
<br />developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a
<br />PERFORMING AGENCY or its subcontractor purchases ownership with grant support. PERFORMING AGENCY
<br />shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any
<br />publication written or published with such support and, if feasible, on any publication reporting the results of or
<br />describing a grant-supported activity. An acknowledgment shall be to the effect that "This publication was made
<br />possible by grant number from (federal award in. a.encv)" or "The project described was supported
<br />by grant number from (federal awardi". aveney)" and "Its contents are solely the responsibility
<br />of the authors and do not necessarily represent the official views of the (federal awardin. a.encv)."
<br />
<br />In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING
<br />AGENCY reserves a royalty-free, nonexclusive. and irrevocable license to reproduce. publish or othelWise use, and
<br />to authorize others to use, for RECEIVING AGENCY and state government purposes (I) the copyright in any work
<br />developed under a grant. subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a
<br />grantee, subgrantee or a contractor purchases ownership with grant support.
<br />
<br />PERFORMING AGENCY may publish at its expense the results of contract performance with prior RECEIVING
<br />AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication should include ".,
<br />Texas Deparunent of Health, llOO West 49th Street, Austin, Texas, (the year of publication), All Rights Reserved."
<br />
<br />(LI/S)
<br />
<br />1998 GENERAL PROVISIONS - Page 12
<br />
<br />(8/97)
<br />
|