Common use of Employer's Use of Contractor's Documents Clause in Contracts

Employer's Use of Contractor's Documents. The Contractor transfers to the Employer the ownership title to any carriers on which the Contractor's Documents and other design documents made by (or on behalf of) the Contractor ("Copyrighted Documents") are fixed. The Contractor transfers to the Employer the economic copyrights to the Copyrighted Documents within the following fields of exploitation (the "Fields of Exploitation"): (a) recording; (b) reproduction by printing, reprographic and digital techniques; (c) digitalisation, inputting and recording the Copyrighted Documents in the memory of a computer; (d) inputting into IT networks, in particular the Internet, in order to distribute (broadcast) the Copyrighted Documents through such networks, so that anybody can have access to them at the place and time of their choosing; (e) distribution of the Copyrighted Documents, in particular its display and making it publicly available in the mass media; (f) introducing copies of the Copyrighted Documents to trading; (g) lending the original Copyrighted Documents or copies thereof for use or leasing them; (h) using the Copyrighted Documents for developing project documentation, for the purposes of construction and extension of the Project; (i) using the Copyrighted Documents for the purposes of carrying out repair works in the Project, as well as maintaining the Project in the proper state of repair; (j) using the Copyrighted Documents for advertising, promotional and marketing purposes, in particular for the promotion of the activities of the Employer; and (k) using the Copyrighted Documents for the purpose of further amendments of any permit related to the Project, both in Poland and abroad, whereas the transfer of the rights to each work (utwór) that is a part of the Copyrighted Documents occurs automatically without the need to make any separate declarations in this respect. The Contractor gives its irrevocable consent and transfers to Employer the right to give further consent to any amendments, alterations, modifications, translations and adaptations of the Copyrighted Documents and any documentation related to it in all the Fields of Exploitation (the "Derivative Works") and to use such Derivative Works. The Parties confirm that the economic copyrights to the Copyrighted Documents and the Derivative Works will belong exclusively to the Employer in all the Fields of Exploitation, and give their consent to the Employer's having both the Copyrighted Documents and the Derivative Works at its disposal and using it at its own discretion in its business activity only for the purposes of designing, constructing, operating, altering and up-grading the Project. The Contractor represents and undertakes to ensure that the enforcement of the terms of this clause does not violate any third party rights. The Contractor will use its best efforts to ensure the acquisition by the Employer of the rights specified above. On the basis of Art. 392 of the Polish Civil Code, the Contractor releases the Employer from the obligation to make performances for third parties if any claims are raised against the Employer in connection with the violation of a copyright, patent, registered design, trade mark, trade name or other intellectual or industrial property right, if such claim or proceedings are related to the Copyrighted Documents. The Contractor shall ensure that any individual who is an author of the Copyrighted Documents does not exercise his/her moral (osobiste) rights to the work in bad faith or in any other way that could be detrimental to the Employer's interests connected with the completion, maintenance, repair, modernisation or alteration of the Project or further adaptations/developments of the Copyrighted Documents. If any part of the Copyrighted Documents includes an invention, utility model, design, geographical indication, topography of integrated circuits or any other solution/technology protected by law, in particular by the Law of Industrial Property of 30 June 2000 (Prawo własności przemysłowej) or an international treaty, the Contractor should inform the Employer about that fact when delivering such Copyrighted Documents to the Employer. The fee for the transfer of economic copyrights, the ownership title to the carriers on which the Copyrighted Documents is recorded, the granting of permits and consents and the performance of other obligations of the Contractor referred to in this clause is covered in full by the Contract Price. At the same time, the Contractor consents to the Employer's having the Copyrighted Documents and the Derivative Works at its disposal and using them within the scope provided for hereby without additional remuneration for the Contractor. If the Contract is no longer binding for any reason, including, in particular, the termination of the Contract by either of the Parties, the Employer will retain all the rights acquired on the basis of this sub-Clause. To avoid doubt, this sub-Clause 1.10 [Employer's Use of Contractor's Documents] shall survive termination of the Contract. Without prejudice to the generality of any other provision of the Contract, the Employer shall be entitled to assign and/or transfer all and any rights acquired on the basis of this sub-Clause to any Lender or pursuant to the terms of the Lender Direct Agreement.

Employer's Use of Contractor's Documents. The Contractor transfers to the Employer the ownership title to any carriers on which the Contractor's Documents and other design documents made by (or on behalf of) the Contractor ("Copyrighted Documents") are fixed. The Contractor transfers to the Employer the economic copyrights to the Copyrighted Documents within the following fields of exploitation (the "Fields of Exploitation"): (a) recording; (b) reproduction by printing, reprographic and digital techniques; (c) digitalisation, inputting and recording the Copyrighted Documents in the memory of a computer; (d) inputting into IT networks, in particular the Internet, in order to distribute (broadcast) the Copyrighted Documents through such networks, so that anybody can have access to them at the place and time of their choosing; (e) distribution of the Copyrighted Documents, in particular its display and making it publicly available in the mass media; (f) introducing copies of the Copyrighted Documents to trading; (g) lending the original Copyrighted Documents or copies thereof for use or leasing them; (h) using the Copyrighted Documents for developing project documentation, for the purposes of construction and extension of the Project; (i) using the Copyrighted Documents for the purposes of carrying out repair works in the Project, as well as maintaining the Project in the proper state of repair; (j) using the Copyrighted Documents for advertising, promotional and marketing purposes, in particular for the promotion of the activities of the Employer; and (k) using the Copyrighted Documents for the purpose of further amendments of any permit related to the Project, both in Poland and abroad, whereas the transfer of the rights to each work (utwór) that is a part of the Copyrighted Documents occurs automatically without the need to make any separate declarations in this respect. The Contractor gives its irrevocable consent and transfers to Employer the right to give further consent to any amendments, alterations, modifications, translations and adaptations of the Copyrighted Documents and any documentation related to it in all the Fields of Exploitation (the "Derivative Works") and to use such Derivative Works. The Parties confirm that the economic copyrights to the Copyrighted Documents and the Derivative Works will belong exclusively to the Employer in all the Fields of Exploitation, and give their consent to the Employer's having both the Copyrighted Documents and the Derivative Works at its disposal and using it at its own discretion in its business activity only for the purposes of designing, constructing, operating, altering and up-grading the Project. The Contractor represents and undertakes to ensure that the enforcement of the terms of this clause does not violate any third party rights. The Contractor will use its best efforts to ensure the acquisition by the Employer of the rights specified above. On the basis of Art. 392 of the Polish Civil Code, the Contractor releases the Employer from the obligation to make performances for third parties if any claims are raised against the Employer in connection with the violation of a copyright, patent, registered design, trade markxxxx, trade name or other intellectual or industrial property right, if such claim or proceedings are related to the Copyrighted Documents. The Contractor shall ensure that any individual who is an author of the Copyrighted Documents does not exercise his/her moral (osobiste) rights to the work in bad faith or in any other way that could be detrimental to the Employer's interests connected with the completion, maintenance, repair, modernisation or alteration of the Project or further adaptations/developments of the Copyrighted Documents. If any part of the Copyrighted Documents includes an invention, utility model, design, geographical indication, topography of integrated circuits or any other solution/technology protected by law, in particular by the Law of Industrial Property of 30 June 2000 (Prawo własności przemysłowej) or an international treaty, the Contractor should inform the Employer about that fact when delivering such Copyrighted Documents to the Employer. The fee for the transfer of economic copyrights, the ownership title to the carriers on which the Copyrighted Documents is recorded, the granting of permits and consents and the performance of other obligations of the Contractor referred to in this clause is covered in full by the Contract Price. At the same time, the Contractor consents to the Employer's having the Copyrighted Documents and the Derivative Works at its disposal and using them within the scope provided for hereby without additional remuneration for the Contractor. If the Contract is no longer binding for any reason, including, in particular, the termination of the Contract by either of the Parties, the Employer will retain all the rights acquired on the basis of this sub-Clause. To avoid doubt, this sub-Clause 1.10 [Employer's Use of Contractor's Documents] shall survive termination of the Contract. Without prejudice to the generality of any other provision of the Contract, the Employer shall be entitled to assign and/or transfer all and any rights acquired on the basis of this sub-Clause to any Lender or pursuant to the terms of the Lender Direct Agreement.

Employer's Use of Contractor's Documents. The Contractor transfers to the Employer the ownership title to any carriers on which the Contractor's Documents and other design documents made by (or on behalf of) the Contractor ("Copyrighted Documents") are fixed. The Contractor transfers undertakes to grant to the Employer a non-exclusive, transferrable, worldwide licence to use the economic copyrights to the Copyrighted Documents (and each and every work comprising the Copyrighted Documents) within the following fields of exploitation (the "Fields of Exploitation"): (a) recording; (b) reproduction by using any technique, in particular using printing, reprographic and digital techniques, in a computer memory, and also producing 3D copies of the work with the use of any technique; (c) digitalisation, inputting and recording the Copyrighted Documents in the memory of a computer; (d) inputting into IT networks, in particular the Internet, in order to distribute (broadcast) the Copyrighted Documents through such networks, so that anybody can have access to them at the place and time of their choosing; (e) distribution of the Copyrighted Documents, in particular its display and making it publicly available to third parties at place and time of their choice, in particular in the mass mediamedia and on the Internet; (f) introducing copies of the Copyrighted Documents to trading; (g) lending the original Copyrighted Documents or copies thereof for use or leasing them; (h) using the Copyrighted Documents for developing project documentation, for the purposes of construction and extension of the Project; (i) using the Copyrighted Documents for the purposes of carrying out repair works in the Project, as well as maintaining the Project in the proper state of repair; (j) using the Copyrighted Documents for advertising, promotional and marketing purposes, in particular for the promotion of the activities of the Employer; and (k) using the Copyrighted Documents for the purpose of further amendments of any permit related to the Project, both in Poland and abroad, whereas Project (the transfer of the rights "Licence"). The Licence to use each work (utwór) that is a part of the Copyrighted Documents occurs automatically is granted automatically, by virtue of this Agreement, upon the delivery of a work to the Employer, without the need to make any separate declarations in this respectrespect and shall be in force for unspecified period of time. The Contractor undertakes not to terminate the Licence within 20 years as of the Commencement Date; in the event of breach of this undertaking and in any other event the notice period shall be 15 (fifteen) years effective at the end of a calendar year. The Contractor gives the Employer its irrevocable consent and transfers to authorizes the Employer the right to give further consent consents to any amendments, alterations, modifications, translations and adaptations of the Copyrighted Documents and any documentation related to it in all the Fields of Exploitation (the "Derivative Works") and to use such Derivative Works. The Parties confirm that the economic copyrights to the Copyrighted Documents and the Derivative Works will belong exclusively to the Employer them in all the Fields of Exploitation, and give their consent to the Employer's having both the Copyrighted Documents and the Exploitation and/or dispose of such Derivative Works at its disposal and using it at its own discretion in its business activity only for the purposes of designing, constructing, operating, altering and up-grading the ProjectWorks. The Contractor represents and undertakes to ensure that the enforcement of the terms of this clause does not violate any third party rights. The Contractor will use its best efforts to ensure the acquisition by the Employer of the rights specified above. On the basis of Art. 392 of the Polish Civil Code, the Contractor releases the Employer from the obligation to make performances for third parties if any claims are raised against the Employer in connection with the violation of a copyright, patent, registered design, trade markxxxx, trade name or other intellectual or industrial property right, if such claim or proceedings are related to the Copyrighted Documents. The Contractor shall ensure that that: (i) any individual who is an author of the Copyrighted Documents (the "Author") does not exercise his/her moral (osobiste) rights to the work in bad faith or in any other way that could be detrimental to the Employer's (or, as appropriate, its successor's or assignee's) interests connected with the completion, maintenance, repair, modernisation or alteration of the Project or further adaptations/developments of the Copyrighted Documents. If any part of the Copyrighted Documents includes an invention, utility model, design, geographical indication, topography of integrated circuits or any other solution/technology protected by law, in particular by the Law of Industrial Property of 30 June 2000 (Prawo własności przemysłowej) or an international treaty, the Contractor should inform the Employer about that fact when delivering such Copyrighted Documents to the Employer. The fee for the transfer of economic copyrightsentire Licence term, the ownership title to the carriers on which the Copyrighted Documents is recorded, the granting of permits and consents and the performance of other obligations of the Contractor referred to in this clause is covered in full by the Contract Price. At the same time, the Contractor consents to the Employer's having the Copyrighted Documents and the Derivative Works at its disposal and using them within the scope provided for hereby without additional remuneration for the Contractor. If the Contract is no longer binding for any reason, including, in particular, the termination of the Contract by either of the Parties, the Employer will retain all the rights acquired on the basis of this sub-Clause. To avoid doubt, this sub-Clause 1.10 [Employer's Use of Contractor's Documents] shall survive termination of the Contract. Without prejudice to the generality of any other provision of the Contract, the Employer shall be entitled to assign and/or transfer all and any rights acquired on the basis of this sub-Clause to any Lender or pursuant to the terms of the Lender Direct Agreement.and