Common use of Provisions Clause in Contracts

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCY. The AGENCY shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR hereby grants to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCY. The CONTRACTOR shall exert all reasonable effort to advise the AGENCY, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any data delivered under this contract. The AGENCY shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCYDES. The AGENCY DES shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR Contractor hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY DES effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR Contractor hereby grants to the AGENCY DES a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR Contractor warrants and represents that CONTRACTOR Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYDES. The CONTRACTOR Contractor shall exert all reasonable effort to advise the AGENCYDES, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY DES shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR Contractor with respect to any data delivered under this contract. The AGENCY DES shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent feeContractor.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCY. The AGENCY shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR hereby grants to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights rights, and rights of publicity, necessary to grant such a license to the AGENCY. The CONTRACTOR shall exert all reasonable effort to advise the AGENCY, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any data delivered under this contract. The AGENCY shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage brokerage, or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

Provisions. Unless otherwise provided, all materials produced under this contract CONTRACT shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCYUNIVERSITY. The AGENCY UNIVERSITY shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY UNIVERSITY effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contractCONTRACT, but that incorporate pre-existing materials not produced under the contractCONTRACT, CONTRACTOR hereby grants to the AGENCY UNIVERSITY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYUNIVERSITY. The CONTRACTOR shall exert all reasonable effort to advise the AGENCYUNIVERSITY, at the time of delivery of materials furnished under this contractCONTRACT, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contractCONTRACT. The AGENCY UNIVERSITY shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any data delivered under this contractCONTRACT. The AGENCY UNIVERSITY shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract CONTRACT upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY UNIVERSITY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract CONTRACT without liability or, in its discretion, to deduct from the contract CONTRACT price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCY. The AGENCY shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR hereby grants to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCY. The CONTRACTOR shall exert all reasonable effort to advise the AGENCY, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any data delivered under this contract. The AGENCY shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

Provisions. Unless otherwise provided, all materials Materials produced under this contract Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the AGENCYSuperintendent of Public Instruction (Superintendent). The AGENCY Superintendent shall be considered the author of such materialsMaterials. In the event the materials If Materials are not considered “works for hire” under the U.S. Copyright laws”, CONTRACTOR Subcontractor hereby irrevocably assigns all right, title, and interest in materialsMaterials, including all intellectual property rights, to the AGENCY Superintendent effective from the moment of creation of such materialsMaterials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership Copyright ownership includes the right to copyright, patent, register and the ability to transfer these rights. Subcontractor understands that, except where otherwise agreed to in writing or approved by the Superintendent or designee, all original works of authorship produced under this Contract shall carry a Creative Commons Attribution License, version 4.0 or later. All Materials the Subcontractor has adapted from others’ existing openly licensed resources must be licensed with the least restrictive open license possible that is not in conflict with existing licenses. For materials Materials that are delivered under the contractContract, but that incorporate pre-existing materials not produced under the contractContract, CONTRACTOR hereby grants Subcontractor will license the materials to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials allow others to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the Subcontractor would like to limit these pre-existing portions of the work to non-commercial use, the Creative Commons Attribution-NonCommercial-ShareAlike license, version 4.0 or later, is acceptable for these specific sections. The CONTRACTOR Subcontractor warrants and represents that CONTRACTOR Subcontractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant apply such a license to the AGENCYlicense. The CONTRACTOR Subcontractor shall exert all reasonable effort to advise the AGENCYSuperintendent, at the time of delivery of materials data furnished under this contractContract, of all known or potential invasions of privacy contained therein and of any portion of such document that which was not produced in the performance of this contractContract. The AGENCY Superintendent shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR Subcontractor with respect to any data delivered under this contractContract. The AGENCY Superintendent shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent feeSubcontractor.

Provisions. Unless otherwise provided, all materials Materials produced under this contract Agreement shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCYState. The AGENCY State shall be considered the author of such materialsMaterials. In the event the materials Materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR the Bank hereby irrevocably assigns all right, title, and interest in materialsMaterials, including all intellectual property rights, to the AGENCY State effective from the moment of creation of such materialsMaterials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials Materials that are delivered under the contractthis Agreement, but that incorporate pre-pre- existing materials not produced under this Agreement, the contract, CONTRACTOR Bank hereby grants to the AGENCY State a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR Bank warrants and represents that CONTRACTOR it has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYState. The CONTRACTOR Bank shall exert all reasonable effort to advise the AGENCYState, at the time of delivery of materials Materials furnished under this contractAgreement, of all known or potential invasions of privacy contained therein and of any portion of such document that which was not produced in the performance of this contractAgreement. The AGENCY State shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR Bank with respect to any data delivered under this contractAgreement. The AGENCY State shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent feeBank.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCYState Parks. The AGENCY State Parks shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR Contractor hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY State Parks effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR Contractor hereby grants to the AGENCY State Parks a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR Contractor warrants and represents that CONTRACTOR Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYState Parks. The CONTRACTOR Contractor shall exert all reasonable effort to advise the AGENCYState Parks, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY State Parks shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR Contractor with respect to any data delivered under this contract. The AGENCY State Parks shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent feeContractor.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCYAGENCY OF HIRE. The AGENCY OF HIRE shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY OF HIRE effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR hereby grants to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYAGENCY OF HIRE. The CONTRACTOR shall exert all reasonable effort to advise the AGENCYAGENCY OF HIRE, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any data delivered under this contract. The AGENCY OF HIRE shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY OF HIRE shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "“works for hire" ” as defined by the U.S. Copyright Act and shall be owned by the AGENCYState Auditor’s Office. The AGENCY State Auditor’s Office shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR contractor hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY State Auditor’s Office effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR contractor hereby grants to the AGENCY State Auditor’s Office a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR contractor warrants and represents that CONTRACTOR contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYState Auditor’s Office. The CONTRACTOR contractor will maintain its ownership of pre-existing materials, such as methodologies, including any improvements or enhancements to the pre-existing materials. The contractor shall exert all reasonable effort to advise the AGENCYState Auditor’s Office, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY State Auditor’s Office shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR contractor with respect to any data delivered under this contract. The AGENCY State Auditor’s Office shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent feecontractor.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCY. The AGENCY shall be considered the author of such materials. In the event the materials are not considered “works ìworks for hire” hireî under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR hereby grants to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCY. The CONTRACTOR shall exert all reasonable effort to advise the AGENCY, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any data delivered under this contract. The AGENCY shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

Provisions. Unless otherwise provided, all materials Materials produced under this contract Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the AGENCYSuperintendent. The AGENCY Superintendent shall be considered the author of such materialsMaterials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR If Materials hereby irrevocably assigns all right, title, and interest in materialsMaterials, including all intellectual property rights, to the AGENCY Superintendent effective from the moment of creation of such materialsMaterials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership Copyright ownership includes the right to copyright, patent, register and the ability to transfer these rights. Contractor understands that, except where otherwise agreed to in writing or approved by the Superintendent or designee, all original works of authorship produced under this Contract shall carry a Creative Commons Attribution License, version 4.0 or later. licensed with the least restrictive open license possible that is not in conflict with existing licenses. For materials Materials that are delivered under the contractContract, but that incorporate pre-existing materials not produced under the contractContract, CONTRACTOR hereby grants Contractor will license the materials to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials allow others to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the Contractor would like to limit these pre-existing portions of the work to non-commercial use, the Creative C ommons Attribution-NonCommercial-ShareAlike license, version 4.0 or later, is acceptable for these specific sections. The CONTRACTOR Contractor warrants and represents that CONTRACTOR Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant apply such a license to the AGENCYlicense. The CONTRACTOR Contractor shall exert all reasonable effort to advise the AGENCYSuperintendent, at the time of delivery of materials data furnished under this contractContract, of all known or potential invasions of privacy contained therein and of any portion of such document that which was not produced in the performance of this contractContract. The AGENCY Superintendent shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR Contractor with respect to any data delivered under this contractContract. The AGENCY Superintendent shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent feeContractor.

Provisions. Unless otherwise provided, all materials produced under this contract Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCYEXCHANGE. The AGENCY EXCHANGE shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY EXCHANGE effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. CONTRACTOR shall retain all patent, copyright and other intellectual property rights in the methodologies, methods of analysis, ideas, concepts, know-how, models, tools, techniques, skills, knowledge and experience (collectively, “Intellectual Property”) owned or possessed by CONTRACTOR before the commencement of, or acquired by CONTRACTOR during or after, the performance of the services. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR hereby grants to the AGENCY EXCHANGE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYEXCHANGE. The CONTRACTOR shall exert all reasonable effort to advise the AGENCYEXCHANGE, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY EXCHANGE shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any data delivered under this contract. The AGENCY EXCHANGE shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY EXCHANGE shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract Contract without liability or, in its discretion, to deduct from the contract Contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

Provisions. Unless otherwise provided, all materials Materials produced under this contract Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the AGENCYSuperintendent. The AGENCY Superintendent shall be considered the author of such materialsMaterials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR If Materials hereby irrevocably assigns all right, title, and interest in materialsMaterials, including all intellectual property rights, to the AGENCY Superintendent effective from the moment of creation of such materialsMaterials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership Copyright ownership includes the right to copyright, patent, register and the ability to transfer these rights. Contractor understands that, except where otherwise agreed to in writing or approved by the Superintendent or designee, all original works of authorship produced under this Contract shall carry a C reative Commons Attribution License, version 4.0 or later. licensed with the least restrictive open license possible that is not in conflict with existing licenses. For materials Materials that are delivered under the contractContract, but that incorporate pre-existing materials not produced under the contractContract, CONTRACTOR hereby grants Contractor will license the materials to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials allow others to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the Contractor would like to limit these pre-existing portions of the work to non-commercial use, the Creative C ommons Attribution-NonCommercial-ShareAlike license, version 4.0 or later, is acceptable for these specific sections. The CONTRACTOR Contractor warrants and represents that CONTRACTOR Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant apply such a license to the AGENCYlicense. The CONTRACTOR Contractor shall exert all reasonable effort to advise the AGENCYSuperintendent, at the time of delivery of materials data furnished under this contractContract, of all known or potential invasions of privacy contained therein and of any portion of such document that which was not produced in the performance of this contractContract. The AGENCY Superintendent shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR Contractor with respect to any data delivered under this contractContract. The AGENCY Superintendent shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent feeContractor.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCYUNIVERSITY. The AGENCY UNIVERSITY shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY UNIVERSITY effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR hereby grants to the AGENCY UNIVERSITY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYUNIVERSITY. The CONTRACTOR shall exert all reasonable effort to advise the AGENCYUNIVERSITY, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY UNIVERSITY shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any data delivered under this contract. The AGENCY UNIVERSITY shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY UNIVERSITY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCYState Parks. The AGENCY State Parks shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR Contractor hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY State Parks effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR Contractor hereby grants to the AGENCY State Parks a nonexclusive, royalty-royalty- free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR Contractor warrants and represents that CONTRACTOR Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYState Parks. The CONTRACTOR Contractor shall exert all reasonable effort to advise the AGENCYState Parks, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY State Parks shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR Contractor with respect to any data delivered under this contract. The AGENCY State Parks shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent feeContractor.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCYAgency. The AGENCY Agency shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR Contractor hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY Agency effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR Contractor hereby grants to the AGENCY Agency a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR Contractor warrants and represents that CONTRACTOR Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYAgency. The CONTRACTOR Contractor shall exert all reasonable effort to advise the AGENCYAgency, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY Agency shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR Contractor with respect to any data delivered under this contract. The AGENCY Agency shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent feeContractor.

Provisions. Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCYState Parks. The AGENCY State Parks shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR Contractor hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY State Parks effective from the moment of creation of such materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR Contractor hereby grants to the AGENCY State Parks a nonexclusive, royalty-royalty- free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR Contractor warrants and represents that CONTRACTOR Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCYState Parks. The CONTRACTOR Contractor shall exert all reasonable effort to advise the AGENCYState Parks, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY State Parks shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR Contractor with respect to any data delivered under this contract. The AGENCY State Parks shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTORContractor. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage brokerage, or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR Contractor for securing business. The AGENCY State Parks shall have the right, in the event of breach of this clause by the CONTRACTORContractor, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage brokerage, or contingent fee.

Provisions. Unless otherwise provided, all materials Materials produced under this contract Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the AGENCYSuperintendent. The AGENCY Superintendent shall be considered the author of such materialsMaterials. In the event the materials If Materials are not considered “works for hire” under the U.S. Copyright laws”, CONTRACTOR Contractor hereby irrevocably assigns all right, title, and interest in materialsMaterials, including all intellectual property rights, to the AGENCY Superintendent effective from the moment of creation of such materialsMaterials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership Copyright ownership includes the right to copyright, patent, register and the ability to transfer these rights. Contractor understands that, except where otherwise agreed to in writing or approved by the Superintendent or designee, all original works of authorship produced under this Contract shall carry a Creative Commons Attribution License, version 4.0 or later. All Materials the Contractor has adapted from others’ existing openly licensed resources must be licensed with the least restrictive open license possible that is not in conflict with existing licenses. For materials Materials that are delivered under the contractContract, but that incorporate pre-existing materials not produced under the contractContract, CONTRACTOR hereby grants Contractor will license the materials to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials allow others to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the Contractor would like to limit these pre-existing portions of the work to non-commercial use, the Creative Commons Attribution-NonCommercial-ShareAlike license, version 4.0 or later, is acceptable for these specific sections. The CONTRACTOR Contractor warrants and represents that CONTRACTOR Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant apply such a license to the AGENCYlicense. The CONTRACTOR Contractor shall exert all reasonable effort to advise the AGENCYSuperintendent, at the time of delivery of materials data furnished under this contractContract, of all known or potential invasions of privacy contained therein and of any portion of such document that which was not produced in the performance of this contractContract. The AGENCY Superintendent shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR Contractor with respect to any data delivered under this contractContract. The AGENCY Superintendent shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business. The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent feeContractor.