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<br />copyrights, trademarks, service marks, certification marks, collective marks, registrations, or such other protection
<br />as may be ap,propriate to the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY
<br />shall ensure all rights, titles, and interest in and to the intellectual property are secured to RECEIVING AGENCY
<br />from PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVING
<br />AGENCY and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by
<br />RECEIVING AGENCY, all assistance required to perfect the rights defined in this Article, without any charge or
<br />expense beyond those amounts payable to PERFORMING AGENCY for the services rendered under the contract.
<br />
<br />I f federal funds are used to finance activities supported by the contract Attachment( s) that result in the production of
<br />original books, manuals, films, or other original material, the federal awarding agency reserves a royalty-free,
<br />nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
<br />federal government purposes (I) the copyright in any work developed under a grant, subgrant, or contract under a
<br />grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient
<br />purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal
<br />awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such
<br />support and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An
<br />acknowledgment shall be to the effect that "This publication was made possible by grant number
<br />from (federal awarding agency)" or "The project described was supported by grant number from
<br />(federal awarding agency)" and "Its contents are solely the responsibility of the authors and do not necessarily
<br />represent the official views of the (federal awarding agency)."
<br />
<br />In the event the terms of a federal grant award the copyright to PERFORMING AGENCY, RECEIVING AGENCY
<br />reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and
<br />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
<br />any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade
<br />secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or
<br />subgrant; and (2) any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a
<br />contractor purchases ownership with grant support.
<br />
<br />PERFORMING AGENCY may publish the results of the contract performance, if those results are subject to
<br />copyright law, at its expense with prior RECEIVING AGENCY review and approval. RECEIVING AGENCY will
<br />not withhold the approval unreasonably. If RECEIVING AGENCY withholds approval, PERFORMING AGENCY
<br />may still publish the results ofthe contract performance but shall not reference the Texas Department of Health in
<br />any manner. If RECEIVING AGENCY approves and owns the copyright, any publication should include "@(the
<br />year of publication), Texas Department of Health, All Rights Reserved." If PERFORMING AGENCY is the
<br />copyright holder, any publication shall include acknowledgment of the support received from RECEIVING
<br />AGENCY. At least six (6) copies of any such publication shall be provided to RECEIVING AGENCY.
<br />RECEIVING AGENCY reserves the right to require additional copies before or after the initial review.
<br />
<br />PERFORMING AGENCY and any subrecipient, as appropriate, shall comply with the standard patent rights clauses
<br />in 37 Code of Federal Regulations 9401.14 or Federal Acquisition Regulations 52.227.11.
<br />
<br />ARTICLE 10. Historically Underutilizcd Businesses
<br />
<br />RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, and 1 T AC 99111.11-111.24 et
<br />seq., whereby state agencies are required to make a good faith effort to assist historically underutilized businesses
<br />
<br />(LGS)
<br />
<br />GENERAL PROVISIONS Page 8
<br />
<br />11/2001
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