Common use of Ownership of Data Clause in Contracts

Ownership of Data. Everything created, developed or produced in the course of the Criteria Architect’s performance of the Services, including, without limitation, all drawings and specifications, reports, records, files, documents, memoranda, schedules, recordings, information and other materials or data (collectively, "Data") in any form, prepared, or in the process of being prepared, are works made for hire by the Criteria Architect for the Judicial Council and are the sole property of the Judicial Council without further employment or the payment of additional compensation to the Criteria Architect. The Judicial Council owns all of the right, title, and interest, in and to the Data, including, without limitation, all trademarks, copyrights, trade secrets, patents, and any and all other intellectual property rights therein (collectively, the "Intellectual Property Rights"). To the extent that any of the Data or the Intellectual Property Rights therein is not works for hire, the Criteria Architect hereby irrevocably assigns its entire right, title, and interest in and to all those Data and the Intellectual Property Rights therein, to the Judicial Council. At the Judicial Council’s request, the Criteria Architect will assist the Judicial Council in the Judicial Council’s prosecution, perfection, and registration of any or all Intellectual Property Rights in the Data. Criteria Architect irrevocably appoints the Judicial Council as its attorney in fact, coupled with an interest, to take all actions and execute and file all documents that the Judicial Council deems necessary to perfect the Judicial Council’s interest and Intellectual Property Rights in the Data as set forth herein. The Judicial Council is entitled to access copies of the Data, in whatever form, including without limitation Computer Aided Design (CAD), at all times during the Term of the Agreement. Any Data in the possession of the Criteria Architect or in the possession of any Subconsultant upon completion or termination of the Agreement must be immediately delivered to the Judicial Council. If any Data are lost, damaged, or destroyed before final delivery to the Judicial Council, the Criteria Architect must replace the Data at its own expense and the Criteria Architect assumes all risks of loss, damage, or destruction of or to Data. After completion of the Project or after termination of this Agreement, Criteria Architect must deliver to Judicial Council a complete set of Project records, including without limitation all documents generated by Criteria Architect and copies of all documents exchanged with or copied to or from all other Project participants must be indexed using a file index numbering scheme provided or approved by the Project Manager and appropriately organized for easy use by Judicial Council personnel. All Project records are property of the Judicial Council, whether or not those records are in the Criteria Architect’s possession. The Judicial Council expressly acknowledges and agrees that the Data to be provided by Criteria Architect under the Agreement may contain certain design details, features and concepts from the Criteria Architect’s best practices detail library, which collectively may form portions of the design for the Project, but which separately are, and shall remain, the sole and exclusive property of Criteria Architect. Nothing herein shall be construed as a limitation on the Criteria Architect’s right to re-use such component design details, features, and concepts on other projects, in other contexts or for other clients. The Judicial Council acknowledges the Criteria Architect’s work product, including electronic files, as instruments of professional service. If the Judicial Council reuses or makes any modification to the Criteria Architect’s work product without the prior written authorization of the Criteria Architect, the Judicial Council agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the Criteria Architect, and its officers, directors, employees and Sub-Consultants, against any damages, liabilities or costs, including reasonable attorney fees and defense costs, arising from or in any way connected with the reuse or modification of the Criteria Architect’s work product by the Judicial Council, or by any person or entity that lawfully acquires or obtains the Criteria Architect’s work product from or through the Judicial Council without the written authorization of the Criteria Architect.

Ownership of Data. Everything created, developed or produced in the course of the Criteria ArchitectContractor’s performance provision of the ServicesMaterial(s) and/or Service(s), including, without limitation, all drawings and specifications, reports, records, files, documents, memoranda, schedules, recordings, information and other materials material(s) or data (collectively, "Data") in any form, prepared, or in the process of being prepared, are works made for hire by the Criteria Architect Contractor for the Judicial Council and are the sole property of the Judicial Council without further employment or the any payment of additional compensation to the Criteria Architectother than that duly owed under this Agreement. The Judicial Council owns all of the right, title, title and interest, in and to the Data, including, without limitation, all trademarks, copyrights, trade secrets, patents, and any and all other intellectual property rights therein (collectively, the "Intellectual Property Rights"). To the extent that any of the Data or the Intellectual Property Rights therein is are not works for hire, the Criteria Architect Contractor hereby irrevocably assigns its entire right, title, title and interest in and to all those such Data and the Intellectual Property Rights therein, to the Judicial Council. At the Judicial Council’s request, the Criteria Architect will Contractor will, at no cost, assist the Judicial Council in the Judicial Council’s prosecution, perfection, and registration of any or all Intellectual Property Rights in the Data. Criteria Architect The Contractor irrevocably appoints the Judicial Council as its attorney in fact, coupled with an interest, to take all actions and execute and file all documents that the Judicial Council deems necessary to perfect the Judicial Council’s interest and Intellectual Property Rights in the Data as set forth herein. The Judicial Council is shall be entitled to access copies of the Data, Data in whatever form, including including, without limitation Computer Aided Design (CAD), at all times during the Term term of the Agreement. Any such Data in the possession of the Criteria Architect Contractor or in the possession of any Subconsultant Subcontractor upon completion expiration or termination of a Work Order or the Agreement must shall be immediately delivered to the Judicial Council’s Project Manager. If any Data are lost, damaged, damaged or destroyed before final delivery to the Judicial Council, the Criteria Architect must Contractor shall replace the Data it at its own expense and the Criteria Architect Contractor assumes all risks of loss, damage, damage or destruction of or to such Data. After completion of the Project or after termination of this Agreement, Criteria Architect must deliver to Judicial Council a complete set of Project records, including without limitation all documents generated by Criteria Architect and copies of all documents exchanged with or copied to or from all other Project participants must be indexed using a file index numbering scheme provided or approved by the Project Manager and appropriately organized for easy use by Judicial Council personnel. All Project records are property of the Judicial Council, whether or not those records are in the Criteria Architect’s possession. The Judicial Council expressly acknowledges and agrees that the Data to be provided by Criteria Architect Contractor under the Agreement may contain certain design details, features and concepts from the Criteria Architect’s Contractor's pre-existing best practices detail librarypractices, which collectively may form portions of the design for the Project, but which separately are, and shall remain, the sole and exclusive property of Criteria ArchitectContractor. Nothing herein shall be construed as a limitation on the Criteria ArchitectContractor’s right to re-use such component design details, features, features and concepts on other projects, in other contexts contexts, or for other clients. The Judicial Council acknowledges the Criteria ArchitectContractor’s work product, including electronic files, as instruments of professional service. If the Judicial Council reuses or makes any modification to the Criteria ArchitectContractor’s work product without the prior written authorization of the Criteria ArchitectContractor, the Judicial Council agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the Criteria ArchitectContractor, and its officers, directors, employees and Sub-ConsultantsSubcontractors, against any damages, liabilities or costs, including reasonable attorney fees and defense costs, arising from or allegedly arising from or in any way connected with the reuse or modification of the Criteria ArchitectContractor’s work product by the Judicial Council, or by any person or entity that lawfully acquires or obtains the Criteria ArchitectContractor’s work product from or through the Judicial Council without the written authorization of the Criteria ArchitectContractor.