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party is a person or entity related to the Contractor by blood or marriage, common ownership or any
<br />association that permits either to significantly influence or direct the actions or policies of the other.
<br />The Contractor, for purposes of reporting transactions between related parties, includes the entity
<br />contracting with the Department under this Contract as well as the chief executive officer, chief
<br />financial officer and program director of the Contractor. Contractor shall comply with Tex. Gov.
<br />Code Chapter 573. Contractor shall maintain records and supply any additional information
<br />requested by the Department, regarding a transaction between related parties, needed to enable the
<br />Department to deternune the appropriateness of the transaction pursuant to applicable state or federal
<br />]aw, regulations or circulars, which may include 45 CFR part 74, OMB Circ. No. A-110, 2 CFR §
<br />215.42, and UGMS.
<br />Section 13.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to
<br />protect intellectual property developed as a result of this Contract.
<br />a) "Intellectual property" means created property that may be protected under copyright, patent,
<br />or trademazk/service mark law.
<br />b) For purposes of this Contract intellectual property prepazed for DSHS use, or a work specially
<br />ordered or commissioned through a contract for DSHS use is "work made for hire." DSHS
<br />owns works made for hire unless it agrees otherwise by contract. To the extent that title and
<br />interest to any such work may not, by operation of law, vest in DSHS, or such work may not
<br />be considered a work made for hire, Contractor irrevocably assigns the rights, title and
<br />interest therein to DSHS. DSHS shall have the right to obtain and hold in its name any and all
<br />patents, copyright, registrations or other such protections as may be appropriate to the subject
<br />matter, and any extensions and renewals thereof. Contractor must give DSHS and the State of
<br />Texas, as well as any person designated by DSHS and the State of Texas, all assistance
<br />required to perfect the rights defined herein without charge or expense beyond those amounts
<br />payable to Contractor for goods provided or services rendered under this Contract. -
<br />c) If federal funds are used to finance activities supported by this Contract that result in the
<br />production of intellectual property, the federal awarding agency reserves a royalty-free,
<br />nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize
<br />others to use, for federal government purposes (1) the copyright in any intellectual property
<br />developed under this Contract, including any subcontract; and (2) any rights of copyright to
<br />which a Contractor purchases ownership with contract funds. Contractor shall place an
<br />acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate,
<br />on any publication written or published with such support and, if feasible, on any publication
<br />reporting the results of or describing a grant-supported activity. An acknowledgment shall be
<br />to the effect that "This publieation was made possible by grant number from federal
<br />awardiniz agencv)" or "The project described was supported by grant number from
<br />(federal awardiniz a e~? ncy)" and "Its contents are solely the responsibility of the authors and
<br />do not necessarily represent the official views of the (federal awarding agencv)."
<br />d) In the event the terms of a federal grant award the copyright to Contractor, DSHS reserves a
<br />royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or
<br />otherwise use, and to authorize others to use, for DSHS, public health, and state govemmental
<br />noncommercial purposes (1) the copyright, trademark, service mark, and/or patent on an
<br />invention, discovery, or improvement to any process, machine, manufacture, or composition
<br />of matter-, products; technology; scientific information; trade secrets; and computer software,
<br />in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2)
<br />General Provisions (Core Subrecipient 2009) 6/5/08 Page 26 of 38
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