State Ownership. The Agency shall have the right to use, disclose, or duplicate all information and data developed, derived, documented, or furnished by the Health Plan resulting from this Contract. Nothing herein shall entitle the Agency to disclose to third parties data or information that would otherwise be protected from disclosure by state or federal law.
State Ownership. Ownership of all information and data developed, derived, documented, or furnished by the contractor resulting from this contract resides with the Division, State of Mississippi. The Division shall have unlimited use of this information to disclose, duplicate or utilize for any purposes whatsoever.
State Ownership. The Parties agree that TWC will own all right, title and interest in and to the work products including deliverables, source and object code and documentation developed by the Vendor in connection with the contract.
State Ownership. Although compulsory licensing erodes the proprietary interest of an owner of intellectual property, it is less invasive than outright nationalization, the Intellectual property: property rights and the public interest 257 taking of property into public ownership in exchange for payment of ‘fair compensation’to its owner. Public ownership has returned in recent times but more as a response to financial emergency than as a policy for more settled times. Historically, the law of the European Union’s predecessors was neutral on the issue of state ownership of the means of production. The TFEU still provides that ‘The Treaties shall in no way prejudice the rules in Member States governing the system of property ownership’,15 a formulation relative to public ownership and traceable back to the EC Treaty16 and prior to that, expressed slightly differently, to the Treaty of Paris.17 But the TFEU also provides for ‘a highly competitive social market economy’.18 The require- ment of equal treatment, in all its manifestations including but not confined to the law of state aid, means that a state-owned undertaking cannot (except conceivably in very particular circumstances unrelated to the issues being examined) be given new privileged access to a strategic position in the economy of an EU or EEA state.19 Similarly, the freedoms embodied in the TFEU and the EEA Agreement preclude any steps that might have the effect of penalizing an undertaking from another Member State/contracting party state for having successfully scaled the commanding heights of an economy in a host state, following the exercise of its right of establishment there.20 Given that compulsory licensing is available and that, because it does not involve outright transfer, the amount of ‘fair compensation’ payable is the value of not more than a non-exclusive limited licence of the total intellectual property right; given also that fair compensation would be the open market price on a willing-purchaser, willing-seller basis determined, in the absence of agreement, by an expert valuer, it is difficult to see what benefit the state could obtain from outright nationalization that it could not obtain at less cost from a compulsory licence. It should also be noted that the fact that an undertaking is wholly or partly owned by a Member State does not of itself entitle the state to accord to that undertaking any treatment more favourable21 or less favourable22 than accorded to wholly private undertakings.
State Ownership. The State, directly or indirectly through State-owned entities, shall acquire and hold an ownership interest, or an option to take an ownership interest, in the Project as provided in Articles 7.2 and 7.3. The Project Entity agreements govern the terms of the State’s ownership interest, including capital contributions, pre-formation expenditures, acquisition costs, and confidentiality.
State Ownership. The Administrator shall not provide any funds under this section for the acquisition of any properties pursuant to this section unless a pub- lic agency or authority of the State of New York first enters into a cooperative agreement with the Administrator providing assurances deemed adequate by the Administrator that the State or an agency created under the laws of the State shall take title to the properties to be so ac- quired.
State Ownership. Except for the minority interest in Shanghai TTC (as defined in the Chuangxin Share Transfer Agreement, there is no direct or indirect ownership or equity participation by any PRC Governmental Authority in any of the Fosun Parties or any of the Fosun Contributed Companies.
State Ownership. All negatives, plates, images, logos, mechanicals, computer media and similar things and processes generated by the Contractor that relate to this Contract are deemed to be the property of the State of Connecticut. Mechanicals, CD’s, pdfs, negatives and similar things and processes furnished by the State to the Contractor shall be returned in the same condition which the Contractor received them, reasonable wear and tear excepted, with the final delivery of each printing. All artwork shall be returned to the Client Agency as soon as the printing job is completed. Failure to return these materials on time may delay payment of Contractor’s invoice; result in a financial assessment fees which may be deducted from the Contractor’s invoice; and result in a financial assessment fees that shall be owed to the Client Agency.
State Ownership. The State retains title to and all ownership rights in State Data but grants Provider the right to access and use State Data for the purpose of complying with its obligations under this Agreement and any applicable Statement of Work. The State also retains title and ownership to that certain source and object code that is made available by it or developed by Provider for the State and that is embedded in the hardware and software used by Provider to provide Subscription Services and Non-subscription Services to the State under this Agreement. Such source code and object code will be accompanied by documentation that is sufficiently annotated. Unless otherwise specified in a Statement of Work, the State owns all Work Product. The State shall have all rights, title and interest, including ownership of copyright, in and to the Work Product and all copies and derivatives of the Work Product. To the extent that any of the Work Product is not deemed a “work for hire” by operation of law, Provider irrevocably assigns, transfers and conveys, and shall cause Provider’s agents to irrevocably assign, transfer and convey, to the State without further consideration, all of its right, title and interest in and to such Work Product, including all rights of patent, copyright, trade secret or other proprietary rights in such materials. Provider acknowledges that the State and the assigns of the State shall have the right to obtain and hold in their own name any intellectual property rights in and to such Work Product. Provider agrees to execute any documents or take any other actions as may reasonably be necessary, or as the State may reasonably request, to perfect the State’s ownership of any such Work Product. At no cost to the State, Provider shall (i) deliver to the State, upon the State’s request during the term of this Agreement or at the expiration or termination of all or part of Provider’s performance under this Agreement, a current copy of all Work Product in the form and on the media in use as of the date of the State’s request, or as of such expiration or termination, as the case may be; and (ii) upon the expiration or termination of this Agreement, destroy or erase all other copies of Work Product in Provider’s possession.
State Ownership. State shall own all right, title and interest in and to its Confidential Information, State’s intellectual property, the State Equipment, the Work Products, the Data, and the other Deliverables (except for the Application Software and other Contractor Technology, which for the purposes of this Section of the Contract shall not be owned by State), including without limitation the Specifications and the Documentation. Ownership of the Deliverables shall transfer to State upon their Acceptance and of the other Work Products upon their Delivery Dates. Contractor hereby assigns, all rights in the Work Products to State. Contractor shall, at the expense of State, assist State or its nominees to obtain copyrights, trademarks, or patents for all such works in the United States and any other countries. Contractor agrees to execute all papers and to give all facts known to it necessary to secure United States or foreign country copyrights and patents, and to transfer or cause to transfer to State right, title and interest in and to such works. Contractor shall provide all assistance reasonably requested by State in the establishment, preservation, and enforcement of its rights in such Work Products, without any additional compensation to Contractor. Contractor agrees to and hereby, to the extent permissible, waives all legal and equitable rights relating to the Work Products, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications.
