Contractor Materials. Where, in connection with the provision of the Services, the Contractor uses any Intellectual Property which does not fall within clauses 35.1, 35.2 or 36.1 and which is owned by the Contractor or any company within the Contractor’s Group (“Contractor Materials”), the Contractor shall grant to the Authority, or shall procure that the Authority is granted (without charge to the Authority and for the benefit of the Authority and all Contracting Authorities) a licence on the Contractor’s then standard terms and conditions which shall be no less favourable to the Authority than those attached. The Contractor shall ensure that the third party owner of any Intellectual Property which is or may be used in the provision or the receipt of the Services but which does not fall within clauses 35.1, 35.2, 36.1 or 37.1 grants to the Authority a licence (or sub-licence) to use, reproduce, modify, develop and maintain such Intellectual Property. Such licence or sub-licence shall be non-exclusive, perpetual, royalty free and irrevocable and shall include the right for the Authority to sub-license, transfer, novate or assign such licence or sub-licence to other Contracting Authorities, the Replacement Contractor or to any other third party supplying services to the Authority for the purposes of provision or receipt of the Services or Replacement Services.
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