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(vi) all documentation and materials related to any of the foregoing,
<br />(vii) all other goods, services or deliverables to be provided to Customer under the Contract or a
<br />Statement of Work, and
<br />(viii) all Intellectual Property Rights in any of the foregoing, and which are or were created,
<br />prepared, developed, invented or conceived for the use or benefit of Customer in connection
<br />with the Contract or a Statement of Work, or with funds appropriated by or for Customer or
<br />Customer's benefit:
<br />a. by any Successful Respondent personnel or Customer personnel, or
<br />b. any Customer personnel who then became personnel to Successful Respondent or any of
<br />its affiliates or subcontractors, where, although creation or reduction -to -practice is
<br />completed while the person is affiliated with Successful Respondent or its personnel, any
<br />portion of same was created, invented or conceived by such person while affiliated with
<br />Customer.
<br />5.1.2 "lritellectual Property Rights"
<br />Means the worldwide legal rights or interests, including but not limited to all United States and foreign
<br />patents, copyrights, trademarks, service marks, trade secrets, moral rights, author's rights, reversionary
<br />rights, and any and all other intellectual property or similar rights, evidenced by or embodied in:
<br />i) any idea, design, concept, personality right, method, process, technique, apparatus, invention,
<br />discovery, or improvement, including any patents, trade secrets, and know-how;
<br />ii) any work of authorship, including any copyrights, moral rights or neighboring rights;
<br />iii) any trademark, service mark, trade dress, trade name, or other indicia of source or origin;
<br />iv) domain name registrations; and
<br />v) any other proprietary or similar rights. The Intellectual Property Rights of a party include all
<br />worldwide legal rights or interests that the party may have acquired by assignment or license with
<br />the right to grant sublicenses.
<br />5. L' "Third Party IP"
<br />Means the Intellectual Property Rights of any third party that is not a party to the Contract or a Purchase
<br />Order or Statement of Work issued under the Contract, and that is not directly or indirectly providing any
<br />goods or services to Customer under the Contract or a Purchase Order or Statement of Work issued under
<br />the Contract.
<br />5.1.4 "Successful Respondent IP'"
<br />Shall mean all tangible or intangible items or things, including the Intellectual Property Rights therein,
<br />created or developed by Successful Respondent:
<br />i) prior to providing any services or Work Product to Customer and prior to receiving any
<br />documents, materials, information or funding from or on behalf of Customer relating to the
<br />services or Work Product, or
<br />Appendix A Standard Contract Terms and Conditions Page 10
<br /><Rev December 2021>
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