1998-148-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 13TH DAY OF JULY

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Attachment D Standard Provisions and Assurances 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, A TCOG 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. SECTION 11.0 CONTRACT WORK HOURS, HEALTH AND SAFETY STANDARDS 11.1. Contractor shall comply and shall assure compliance by its subcontractor with the Occupational Safety and Health Act of 1970 and the Contract Work Hours and Safety Standards Act, 40 U.S.C. 327-333" and the regulations promulgated thereunder to the extent that such provisions apply to Contractor's performance pursuant to this Contract. Contractor shall also comply and shall also assure compliance by its subcontractors with any regulations promulgated by the Secretary of the U.S. Department of Labor establishing standards to protect the health and safety of workers or Contractor employees engaged in performance pursuant to this Contract that are not covered by the above laws, legislation and/or regulations. Page 26 of 50