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_ __.-_ --- - -- _ .--. . _ --- - <br />--- _. ----_ <br />Exhibit'F' <br />ADDENDUM TO CONTRACT. FTA CONTRACT REQUIREMENTS <br />• Page 7 of 23 <br />.Federal Restrictions. The following restrictions apply to all data first produced in the <br />performance of the Grant Agreement or Cooperative Agreement: Except for its own use, the <br />Recipient may not publish or reproduce subject data in whole or in part, or in any manner or form, <br />nor may the Recipient authorize others to do so, without the written consent of the Federal <br />Government, until such time as the Federal Govemment may have either released or approved the <br />release of such data to the public. <br />Federal Rights in Data and Copy~.ghts. 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 Govemment purposes," means use only for the d'uect purposes of the Federal <br />Governmen~ Without the copyright owner's consent, the Federal Govemment 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 />~ <br />S~rial Federal Rights for Plannin,g~Research and Develonment oi~. FTA's purpose in <br />providing financial assistance for a planning, research, development, or a demonstration Pro~ect, is to <br />increase transportation knowledge, rather than limit the benefits of the Project to participants in the ~ <br />Project Therefore, unless FTA determines otherwise, the Recipient of FTA financial assistance to ~.: <br />support a p lanning, researc h, deve lopmen t, 'or a demonstration Pro ject agrees that, in addition to the <br />rights in data and copyrights descnbed in this Agreement, FTA may mako 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 Coo~erative Agreement, is not completed for any reason whatscever, 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 eqwpment or programs for the Recipient's use ~ <br />whose costs are financed with Federal transportation funds for capital pro~ects. <br />Hold Harmless. Unless prolubited by state law, upon request by the Federal ~ovemment, 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, copynghts, or right of privacy~ arising out of the publication, translat~on, reproduction, <br />delivery, use, or disposihon 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 of <br />employees or agents of the Federal Govemmen~ <br />Restrictions on Access to Patent Ri l~t . Nothing contained in this section on rights in data <br />shall imply a license to the Federal Govemment under any patent or be construed as affecdng the <br />scope of any license or other right otherwise granted to the Federal Govemment under any paten~ <br />Interest of Congress - No member of, or delegate to, the Congress of the United States shall be <br />admitted to any share or port of this Contract or to any benefit arismg therefrom. 41 U.S.C. 22. <br />Addendum, FI'A Contract Requirements <br />Page - 6 <br />0223990116 <br />