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copyrights, trademarks, service marks, certificatiou marks, collective marks, registrations, or such other protection
<br /> as may be a[~propriate to tile 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 aud agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by
<br />-- RECEIVING AGENCY, all assistance required to perfect tile rights defined in this Article, witbout any charge or
<br /> expeuse beyond those amounts payable to PERFORMING AGENCY for the services rendered under tile contract.
<br />
<br /> If federal fuuds are used to finance activities supported by the contract Attachment(s) tbat result in the production of
<br /> origiual books, manuals, films, or other original material, the federal awarding agency reserves a royalty-free,
<br /> nouexclusive, 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 iovention, 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 of the 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 {}401.14 or Federal Acquisition Regulations 52.227.11.
<br />
<br /> ARTICLE 10. Historically Underutilized Businesses
<br />
<br /> RECEIVING AGENCY shall comply with Texas Government Code, Chapter 216 I, and 1 TAC §{} 111.11- l 1 1.24 et
<br /> seq., whereby state agencies are required to make a good faith effort to assist historically underutilized businesses
<br />
<br /> (LGS} GENERAL PROVISIONS Page 8 I 1/2001
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