Common use of FOREGROUND OWNED BY ONE OR SEVERAL MEMBER(S) Clause in Contracts

FOREGROUND OWNED BY ONE OR SEVERAL MEMBER(S). The ownership of the Foreground arising from the Project shall belong to the Consortium, except where the Foreground consists in Specifications, Standards and Norms Proposals and Validation Reports in accordance with Article 18.1.2 (a) (“Foreground owned by the SJU”) hereinabove. The Consortium shall timely declare to the SJU the Foreground created under the Agreement in the draft and Final Report by using the specific template attached hereto as Schedule 6. Where several Consortium Members have jointly carried out work generating Foreground and where their respective shares of the tasks under the Project cannot be ascertained, they shall have joint ownership of such Foreground (hereinafter referred to as “Joint Foreground”). They may establish an agreement regarding the allocation and terms of exercising that joint ownership of the Foreground. However, where no joint ownership agreement has been entered into, each of the joint owners shall be entitled to: − use the Joint Foreground to carry out their own work under this Agreement as well as to exploit it for their own purposes, − grant non-exclusive, royalty-free licences to the SJU and its Members to carry out their own work under the Programme, without any right to sub-licence, and − grant non-exclusive licences to Third Parties for the performance of the Programme, without any right to sub-licence, subject to the following conditions: - at least forty-five (45) days prior notice must be given to the other joint owner(s), and - fair and reasonable compensation must be provided to the other joint owner(s). If employees or other personnel working for the Consortium are entitled to claim rights to Foreground, the Consortium shall ensure that it is possible to exercise those rights in a manner compatible with its obligations under the Agreement.

FOREGROUND OWNED BY ONE OR SEVERAL MEMBER(S). The ownership of the Foreground arising from the Project shall belong to the Consortium, except where the Foreground consists in Specifications, Standards and Norms Proposals and Validation Reports in accordance with Article 18.1.2 (a) (“Foreground owned by the SJU”) hereinabove. The Consortium shall timely declare to the SJU the Foreground created under the Agreement in the draft and Final Report by using the specific template attached hereto as Schedule 6. Where several Consortium Members have jointly carried out work generating Foreground and where their respective shares of the tasks under the Project cannot be ascertained, they shall have joint ownership of such Foreground (hereinafter referred to as “Joint Foreground”). They may establish an agreement regarding the allocation and terms of exercising that joint ownership of the Foreground. However, where no joint ownership agreement has been entered into, each of the joint owners shall be entitled to: −  use the Joint Foreground to carry out their own work under this Agreement as well as to exploit it for their own purposes, −  grant non-exclusive, royalty-free licences to the SJU and its Members to carry out their own work under the Programme, without any right to sub-licence, and −  grant non-exclusive licences to Third Parties for the performance of the Programme, without any right to sub-licence, subject to the following conditions: - at least forty-five (45) days prior notice must be given to the other joint owner(s), and - fair and reasonable compensation must be provided to the other joint owner(s). If employees or other personnel working for the Consortium are entitled to claim rights to Foreground, the Consortium shall ensure that it is possible to exercise those rights in a manner compatible with its obligations under the Agreement.