Common use of OWNERSHIP AND USE OF WORK PRODUCTS Clause in Contracts

OWNERSHIP AND USE OF WORK PRODUCTS. 4.6.1 DESIGN BUILD CONTRACTOR conveys and assigns to the City its entire interest and full ownership worldwide in and to any work, invention, notes, plans, computations, data bases, tabulations, exhibits, reports, underlying data, photographs and other work products, and any modifications or improvements to them (collectively “Documents”), and the copyrights, patents, trademarks, trade secrets, and any other proprietary rights therein (collectively “Proprietary Rights”) that DESIGN BUILD CONTRACTOR, its agents, employees, contractors, and Subconsultants (collectively "Authors") develop, write, or produce under this Contract (collectively “Works”). 4.6.2 The Authors shall not claim or exercise any Proprietary Rights related to the Works. If requested by the Director, DESIGN BUILD CONTRACTOR shall place a conspicuous notation on any Works which indicates that the City owns the Proprietary Rights. 4.6.3 DESIGN BUILD CONTRACTOR shall execute all documents required by the Director to further evidence this assignment and ownership. DESIGN BUILD CONTRACTOR shall cooperate with the City in registering, creating, and enforcing Proprietary Rights arising under this Contract. If DESIGN BUILD CONTRACTOR’s assistance is requested and rendered under this Section, the City shall reimburse DESIGN BUILD CONTRACTOR for all out-of-pocket expenses it incurs in rendering assistance, subject to the availability of funds. On termination of this Contract, or if requested by the Director, DESIGN BUILD CONTRACTOR shall deliver all Works to the City. DESIGN BUILD CONTRACTOR shall obtain written agreements from the Authors which bind them to the terms in this Section. 4.6.4 All Works developed, written, or produced under this Contract for use as a contribution to a collective work; a part of a motion picture or other audiovisual work; a translation; a supplementary work; a compilation; an instructional text; a test; answer material for a test; or an atlas, are “works made for hire.” 4.6.5 DESIGN BUILD CONTRACTOR may retain copies of the Documents for its archives. DESIGN BUILD CONTRACTOR shall not otherwise use, sell, license, or market the Documents.

OWNERSHIP AND USE OF WORK PRODUCTS. 4.6.1 DESIGN BUILD CONTRACTOR 3.11.1 Contractor conveys and assigns to the City its entire interest and full ownership worldwide in and to any work, invention, notes, plans, computations, data bases, tabulations, exhibits, reports, underlying data, data photographs and other work products, and any modifications or improvements to them (collectively “Documents”), and the copyrights, patents, trademarks, trade secrets, and any other proprietary rights therein (collectively “Proprietary Rights”) that DESIGN BUILD CONTRACTORContractor, its agents, employees, contractorsContractors, and Subconsultants Subcontractors (collectively "Authors") develop, write, or produce under this Contract (collectively “Works”). The City may duplicate any software or part thereof that is provided by or licensed from the Contractor. 4.6.2 3.11.2 The Authors shall not claim or exercise any Proprietary Rights related to the WorksWorks as defined in Section 3.10.1. If requested by the Director, DESIGN BUILD CONTRACTOR Contractor shall place a conspicuous notation on any Works which indicates that the City owns the Proprietary Rights. 4.6.3 DESIGN BUILD CONTRACTOR 3.11.3 Contractor shall execute all documents required by the Director to further evidence this assignment and ownership. DESIGN BUILD CONTRACTOR Contractor shall cooperate with the City in registering, creating, and enforcing Proprietary Rights arising under this Contract. If DESIGN BUILD CONTRACTORContractor’s assistance is requested and rendered under this Section, the City shall reimburse DESIGN BUILD CONTRACTOR Contractor for all out-of-pocket expenses it incurs in rendering assistance, subject to the availability of funds. On termination of this Contract, or if requested by the Director, DESIGN BUILD CONTRACTOR Contractor shall deliver all Works to the City. DESIGN BUILD CONTRACTOR Contractor shall obtain written agreements contracts from the Authors which bind them to the terms in this Section. 4.6.4 3.11.4 All Works developed, written, or produced under this Contract for use as a contribution to a collective work; a part of a motion picture or other audiovisual work; a translation; a supplementary work; a compilation; an instructional text; a test; answer material for a test; or an atlas, are “works made for hire.” 4.6.5 DESIGN BUILD CONTRACTOR 3.11.5 Contractor may retain copies of the Documents for its archives. DESIGN BUILD CONTRACTOR Contractor shall not otherwise use, sell, license, or market the Documents. The City, however, grants Contractor, and its respective members, a license to use the Documents solely for business development and marketing purposes.

OWNERSHIP AND USE OF WORK PRODUCTS. 4.6.1 4.3.1 DESIGN BUILD CONTRACTOR conveys and assigns to the City its entire interest and full ownership worldwide in and to any work, invention, notes, plans, computations, data bases, tabulations, exhibits, reports, underlying data, photographs and other work products, and any modifications or improvements to them (collectively “Documents”), and the copyrights, patents, trademarks, trade secrets, and any other proprietary rights therein (collectively “Proprietary Rights”) that DESIGN BUILD CONTRACTOR, its agents, employees, contractors, and Subconsultants (collectively "Authors") develop, write, or produce under this Contract Agreement (collectively “Works”). 4.6.2 4.3.2 The Authors shall not claim or exercise any Proprietary Rights related to the Works. If requested by the Director, DESIGN BUILD CONTRACTOR shall place a conspicuous notation on any Works which indicates that the City owns the Proprietary Rights. 4.6.3 4.3.3 DESIGN BUILD CONTRACTOR shall execute all documents required by the Director to further evidence this assignment and ownership. DESIGN BUILD CONTRACTOR shall cooperate with the City in registering, creating, and enforcing Proprietary Rights arising under this ContractAgreement. If DESIGN BUILD CONTRACTOR’s assistance is requested and rendered under this Section, the City shall reimburse DESIGN BUILD CONTRACTOR for all out-of-pocket expenses it incurs in rendering assistance, subject to the availability of funds. On termination of this ContractAgreement, or if requested by the Director, DESIGN BUILD CONTRACTOR shall deliver all Works to the City. DESIGN BUILD CONTRACTOR shall obtain written agreements from the Authors which bind them to the terms in this Section. 4.6.4 4.3.4 All Works developed, written, or produced under this Contract Agreement for use as a contribution to a collective work; a part of a motion picture or other audiovisual work; a translation; a supplementary work; a compilation; an instructional text; a test; answer material for a test; or an atlas, are “works made for hire.” 4.6.5 4.3.5 DESIGN BUILD CONTRACTOR may retain copies of the Documents for its archives. DESIGN BUILD CONTRACTOR shall not otherwise use, sell, license, or market the Documents.

OWNERSHIP AND USE OF WORK PRODUCTS. 4.6.1 DESIGN 4.3.1 DESIGN-BUILD CONTRACTOR conveys and assigns to the City its entire interest and full ownership worldwide in and to any work, invention, notes, plans, computations, data bases, tabulations, exhibits, reports, underlying data, photographs and other work products, and any modifications or improvements to them (collectively “Documents”), and the copyrights, patents, trademarks, trade secrets, and any other proprietary rights therein (collectively “Proprietary Rights”) that DESIGN DESIGN-BUILD CONTRACTOR, its agents, employees, contractors, and Subconsultants (collectively "Authors") develop, write, or produce under this Contract (collectively “Works”). 4.6.2 4.3.2 The Authors shall not claim or exercise any Proprietary Rights related to the Works. If requested by the Director, DESIGN DESIGN-BUILD CONTRACTOR shall place a conspicuous notation on any Works which indicates that the City owns the Proprietary Rights. 4.6.3 DESIGN 4.3.3 DESIGN-BUILD CONTRACTOR shall execute all documents required by the Director to further evidence this assignment and ownership. DESIGN DESIGN-BUILD CONTRACTOR shall cooperate with the City in registering, creating, and enforcing Proprietary Rights arising under this Contract. If DESIGN DESIGN-BUILD CONTRACTOR’s assistance is requested and rendered under this Section, the City shall reimburse DESIGN DESIGN-BUILD CONTRACTOR for all out-of-pocket expenses it incurs in rendering assistance, subject to the availability of funds. On termination of this Contract, or if requested by the Director, DESIGN DESIGN-BUILD CONTRACTOR shall deliver all Works to the City. DESIGN DESIGN-BUILD CONTRACTOR shall obtain written agreements from the Authors which bind them to the terms in this Section. 4.6.4 4.3.4 All Works developed, written, or produced under this Contract for use as a contribution to a collective work; a part of a motion picture or other audiovisual work; a translation; a supplementary work; a compilation; an instructional text; a test; answer material for a test; or an atlas, are “works made for hire.” 4.6.5 DESIGN 4.3.5 DESIGN-BUILD CONTRACTOR may retain copies of the Documents for its archives. DESIGN DESIGN-BUILD CONTRACTOR shall not otherwise use, sell, license, or market the Documents.