Common use of Contract Material Clause in Contracts

Contract Material. (a) The Project Agreement Parties and the Independent Certifier agree that the Independent Certifier does not and shall not have any rights, including any Intellectual Property Rights, in any Contract Material provided to the Independent Certifier or created or required to be created by any Project Agreement Party. (b) As between the Project Agreement Parties and the Independent Certifier, all title and ownership, including all Intellectual Property Rights, in and to the Contract Material created or required to be created by or behalf of the Independent Certifier as part of, or for the purposes of performing, the Functions, Duties and Obligations, is hereby assigned to the Province or, where such title, ownership and Intellectual Property Rights cannot be assigned before creation of the Contract Material, it shall be assigned to the Province on creation. In addition, to the extent that Intellectual Property Rights may subsist in such Contract Material so created by or on behalf of by the Independent Certifier, the Independent Certifier hereby permanently and irrevocably waives all past, present and future moral rights therein and the Independent Certifier shall ensure that any agent, contractor or employee of the Independent Certifier shall waived all such moral rights. The Project Agreement Parties acknowledge and agree that, as between themselves, title, ownership and other rights to the Contract Material shall be governed by the Project Agreement. (c) The Independent Certifier shall do or cause to be done all such things and execute and deliver or cause to be executed and delivered all such documents as reasonably requested by the Province in order to confirm or perfect the assignment of Intellectual Property in the Contract Material referred to in this Section and the waivers of moral rights in respect thereof. (d) The Independent Certifier represents, warrants and shall ensure that all Contract Materials created by or on behalf of it will be original and will not infringe the Intellectual Property Rights of any third party.

Contract Material. ‌ (a) The Project Agreement Parties and the Independent Certifier agree that the Independent Certifier does not and shall not have any rights, including any Intellectual Property Rights, in any Contract Material provided to the Independent Certifier or created or required to be created by any Project Agreement Party.Party.‌ (b) As between the Project Agreement Parties and the Independent Certifier, all title and ownership, including all Intellectual Property Rights, in and to the Contract Material created or required to be created by or behalf of the Independent Certifier as part of, or for the purposes of performing, the Functions, Duties and Obligations, is hereby assigned to the Province or, where such title, ownership and Intellectual Property Rights cannot be assigned before creation of the Contract Material, it shall be assigned to the Province on creation. In addition, to the extent that Intellectual Property Rights may subsist in such Contract Material so created by or on behalf of by the Independent Certifier, the Independent Certifier hereby permanently and irrevocably waives all past, present and future moral rights therein and the Independent Certifier shall ensure that any agent, contractor or employee of the Independent Certifier shall waived all such moral rights. The Project Agreement Parties acknowledge and agree that, as between themselves, title, ownership and other rights to the Contract Material shall be governed by the Project Agreement. (c) The Independent Certifier shall do or cause to be done all such things and execute and deliver or cause to be executed and delivered all such documents as reasonably requested by the Province in order to confirm or perfect the assignment of Intellectual Property in the Contract Material referred to in this Section and the waivers of moral rights in respect thereof. (d) The Independent Certifier represents, warrants and shall ensure that all Contract Materials created by or on behalf of it will be original and will not infringe the Intellectual Property Rights of any third party.