Common use of Photography Clause in Contracts

Photography. State may grant permits to persons or corporations engaged in the production of still and motion pictures and related activities for the use of the Premises for such purposes when such permission shall not interfere with the primary business of Concessionaire. Such permits shall not be deemed to be a competitive activity with regard to Concessionaire’s rights to possession and operation under this contract. INTELLECTUAL PROPERTY RIGHTS Any names, logos, trademarks, and/or copyrights developed during and/or pursuant to this contract that will in any way associate with, identify, or implicate an affiliation with California State Parks shall be approved by State, shall belong to State upon creation, and shall continue in State’s exclusive ownership upon termination of this contract. Further, any works developed pursuant to this contract by Concessionaire, including all related copyrights and other proprietary rights therein, shall belong to State upon creation, and shall continue in State’s exclusive ownership upon termination of this contract. PARTICIPATION IN STATE PARK MARKETING PROGRAMS Concessionaire acknowledges that the State has an established advertising and marketing program designed to promote additional revenue for the State and to deliver a consistent and positive image to the public, and Concessionaire agrees to cooperate in this program in the manner described below without compensation from the State for such cooperation. Concessionaire agrees to honor all statewide graphic standards, licensing, and merchandising agreements entered into with corporate sponsors of the Department of Parks and Recreation. Concessionaire agrees to place on the Premises any advertising that the State approves under this program. Any advertising approved by the State under this program will be placed at State’s expense. Concessionaire agrees to rent or sell, along with all other items of merchandise that are part of the Concessionaire’s normal and customary inventory, any item of merchandise that the State approves under this program, provided that Concessionaire is authorized to sell or rent it under the terms of the contract, and the Concessionaire receives reasonable compensation for its sale. DEFAULT BY CONCESSIONAIRE

Photography. State may grant permits to persons or corporations engaged in the production of still and motion pictures and related activities for the use of the Premises for such purposes when such permission shall not interfere with the primary business of Concessionaire. Such permits shall not be deemed to be a competitive activity with regard to Concessionaire’s rights to possession and operation under this contract. INTELLECTUAL PROPERTY RIGHTS Any names, logos, trademarks, and/or copyrights developed during and/or pursuant to this contract that will in any way associate with, identify, or implicate an affiliation with California State Parks shall be approved by State, shall belong to State upon creation, and shall continue in State’s exclusive ownership upon termination of this contract. Further, any works developed pursuant to this contract by Concessionaire, including all related copyrights and other proprietary rights therein, shall belong to State upon creation, and shall continue in State’s exclusive ownership upon termination of this contract. PARTICIPATION IN STATE PARK MARKETING PROGRAMS Concessionaire acknowledges that the State has an established advertising and marketing program designed to promote additional revenue for the State and to deliver a consistent and positive image to the public, and Concessionaire agrees to cooperate participate in this program in the manner described below without compensation from the State for such cooperation. Concessionaire agrees to honor all statewide graphic standards, licensing, and merchandising agreements entered into with corporate sponsors of the Department of Parks and Recreation. Concessionaire agrees to place on the Premises any advertising that the State approves under this program. Any advertising approved by the State under this program will be placed at State’s expense. Concessionaire agrees to rent or sell, along with all other items of merchandise that are part of the Concessionaire’s normal and customary inventory, any item of merchandise that the State approves under this program, provided that Concessionaire is authorized to sell or rent it under the terms of the contract, and the Concessionaire receives reasonable compensation for its sale. DEFAULT BY CONCESSIONAIRE

Photography. State may grant permits to persons or corporations engaged in the production of still and motion pictures and related activities for the use of the Premises for such purposes when such permission shall not interfere with the primary business of Concessionaire. Such permits shall not be deemed to be a competitive activity with regard to Concessionaire’s rights to possession and operation under this contract. INTELLECTUAL PROPERTY RIGHTS Any names, logos, trademarks, and/or copyrights trademarks developed during and/or pursuant to this contract that will in any way associate with, identify, or implicate an affiliation with California State Parks shall be approved by State, but, whether or not so approved, shall be deemed to have been developed pursuant to this Agreement and licensed hereunder to Concessionaire for the term of this Agreement only; shall belong to State upon creation, ; and shall continue in State’s exclusive ownership upon termination of this contractAgreement, and all goodwill and other rights in said marks shall inure to the benefit of the State as the mark owner. Further, any original works of authorship in which copyright resides, and any other proprietary rights, including without limitation trade secrets and know-how, which are developed during and/or pursuant to this contract contract, shall be deemed to be works made for hire in consideration of Concessionaire’s rights and benefits hereunder, or alternatively Concessionaire agrees to assign such copyrights to the State, and shall be owned by Concessionairethe State; shall belong to State upon creation; and shall continue in State’s excusive ownership upon termination of this Agreement. These works shall include, including but are not limited to, all drawings, designs, reports, specifications, notes, and other work developed in the performance of this Agreement. Further, Concessionaire shall deliver to the State upon request the disk or tape that contains the design or other such files containing such information, and shall specify the supplier of the software and hardware necessary to use the files of any work that is performed with the assistance of Computer Aided Design and Drafting Technology. Concessionaire intends and agrees to assign to State all right, title, and interest in and to such materials, as well as all related copyrights and other proprietary rights therein, shall belong unless otherwise agreed to in writing. Concessionaire warrants that it has the full right, power, and authority over and is the sole exclusive owner of all tangible and intangible property deliverable to State in connection with this Agreement and that title to such materials conveyed to State shall be delivered free and clear of all claims, liens, charges, judgments, settlement, encumbrances, or security interests. Concessionaire agrees not to incorporate into or make any deliverables dependent upon creationany original works of authorship or Intellectual Property Rights of third parties without first (i) obtaining State’s prior written permission, and shall continue (ii) granting to or obtaining for State a nonexclusive, royalty-free, paid-up, irrevocable, perpetual, world-wide license to use, reproduce, sell, modify, publicly and privately perform, publicly and privately display and distribute any such prior works for any purpose whatsoever. Concessionaire further warrants that all deliverables do not infringe or violate any patent, copyright, trademark, trade secret, or any other intellectual property rights of any person, entity, or organization. Concessionaire agrees to execute any documents reasonably requested by State in connection with securing State’s exclusive ownership upon termination registration of this contractpatent and/or copyrights, or any other statutory protection in such work product, including an assignment of copyright, in all deliverables. Concessionaire further agrees to incorporate these provisions into all of its contracts with architects, engineers, and other consultants or contractors. Concessionaire, at its sole expense, shall hold harmless, protect, defend, and indemnify State against any infringement action and/or dispute brought by a third party in connection with any deliverable hereunder. Concessionaire shall pay all costs, expenses, losses and damages, judgments and claims including reasonable attorney’s fees, expert witness fees and other costs. PARTICIPATION IN STATE PARK MARKETING PROGRAMS Concessionaire acknowledges that the State has an established advertising and marketing program designed to promote additional revenue for the State and to deliver a consistent and positive image to the public, and Concessionaire agrees to cooperate participate in this program in the manner described below without compensation from the State for such cooperation. Concessionaire agrees to honor all statewide graphic standards, licensing, and merchandising agreements entered into with corporate sponsors of the Department of Parks and Recreation. Concessionaire agrees to place on the Premises any advertising that the State approves under this program. Any advertising approved by the State under this program will be placed at State’s expense. Concessionaire agrees to rent or sell, along with all other items of merchandise that are part of the Concessionaire’s normal and customary inventory, any item of merchandise that the State approves under this program, provided that Concessionaire is authorized to sell or rent it under the terms of the contract, and the Concessionaire receives reasonable compensation for its sale. DEFAULT BY CONCESSIONAIRE