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Government, until such time as the Federal Government may have either released or approved the
<br />release of such data to the public.
<br />Federal Ri~hts in Data and Co~yrights. In accordance with 49 C.F.R. § 18.34 and 49 C.F.R.
<br />§ 19.36, the Federal Government reserves a royalty-free, non-exclusive and inevocable license to
<br />reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes
<br />the "subject data" described in the following subsections of this Agreement. As used in the previous
<br />sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal
<br />Government. Without the copyright owner's consent, the Federal Government may not extend its
<br />Federal license to other parties.
<br />Any subject data developed under the Grant Agreement or Cooperative Agreement,
<br />or under a third party contract or subagreement financed by the Grant Agreement or
<br />Cooperative Agreement, whether or not a copyright has been obtained; and
<br />Any rights of copyright to which a Recipient, subrecipient, or a third party contractor
<br />purchases ownership with Federal assistance.
<br />~pecial Federal Rights for Planning. Research. and Development Projects. FTA's purpose in
<br />providing financial assistance for a planning, research, development, or a demonstration Project, is to
<br />increase transportation knowledge, rather than limit the bene~ts of the Project to participants in the
<br />Project. Therefore, unless FTA deternunes otherwise, the Recipient of FTA financial assistance to
<br />support a planning, reseazch, development, or a demonstration Project agrees that, in addition to the
<br />rights in data and copyrights described in this Agreement, FTA may make available to any FTA
<br />recipient, subrecipient, third party contractor, or third party subcontractor, either FTA's license in the
<br />copyright to the subject data or a copy of the subject data. If the Project, which is the subject of the
<br />Grant Agreement or Cooperative Agreement, is not completed for any reason whatsoever, all data
<br />developed under that Project shall become subject data as defined in this Agreement and shall be
<br />delivered as the Federal Government may direct. This paragraph of this Agreement, however, does
<br />not apply to adaptations of automatic data processing equipment or programs for the Recipient's use
<br />whose costs are ~nanced with Federal transportation funds for capital projects.
<br />Hold Harmless. Unless prohibited by state law, upon request by the Federal Government, the
<br />Recipient agrees to indemnify, save, and hold harmless the Federal Government and its officers,
<br />agents, and employees acting within the scope of their official duties against any liability, including
<br />costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary
<br />rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction,
<br />delivery, use, or disposition of any data furnished under the Project. The Recipient shall not be
<br />required to indemnify the Federal Government for any such liability caused by the wrongful acts df
<br />employees or agents of the Federal Government.
<br />Restrictions on Access to Patent Ri h~ts. Nothing contained in this section on rights in data
<br />shall imply a license to the Federal Government under any patent or be construed as affecting the
<br />scope of any license or other right otherwise granted to the Federal Govemment under any patent.
<br />Interest of Congress - No member of, or delegate to, the Congress of the United States shall be
<br />admitted to any shaze or port of this Contract or to any benefit arising therefrom. 41 U.S.C. 22.
<br />Prohibited Interest - No member, officer or employee of Recipient or of a local public body during
<br />his or her tenure or one year thereafter shall have any interest, direct or indirect, in this Contract or
<br />the proceeds thereof.
<br />Addendum, FTA Contract Requirements
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