Common use of Ownership of Project Property Clause in Contracts

Ownership of Project Property. a) Project Property created by the applicant under the Program shall remain with the applicant regardless of whether: i. the project is completed; ii. the project is terminated in accordance with its terms; or iii. the applicant ceases to carry-out or terminates the project prior to its completion date, b) The applicant acknowledges and hereby grants to the Government of Manitoba an irrevocable and perpetual right and license, without charge or compensation, to make use of the Project Property, or any part thereof, as either of them deem necessary for non-commercial purposes, including (without limitation) the right to publish and distribute such Project Property in any form or medium within the public domains as they may choose, (“License Grant”). c) If there are any special provisions regarding the confidentiality of the Project Property or pertaining to the License Grant, then they must be agreed to by the Government of Manitoba, in advance, in writing as part of the application approval process. d) In addition, where in the opinion of the Government of Manitoba, the applicant has: i. ceased to exist (other than a sale of all or substantially all of the applicant’s assets to a third-party); ii. demonstrated that it does not have the capacity to commercialize the Project Property; or iii. does not possess legally protected Project Property from the project, then, at the Government of Manitoba’s option and upon written notice to the applicant, the License Grant provided above shall include the right of the Government of Canada and the Government of Manitoba to exercise the License Grant for commercial purposes as well, as they may determine, in their discretion.

Ownership of Project Property. a) 14.1 Project Property created by the applicant under the Program shall remain with the applicant regardless of whether: i. (a) the project is completed; ii. (b) the project is terminated in accordance with its terms; or iii. (c) the applicant ceases to carry-out or terminates the project prior to its completion date, b) 14.2 The applicant acknowledges and hereby grants to the Government of Manitoba an irrevocable and perpetual right and license, without charge or compensation, to make use of the Project Property, or any part thereof, as either of them deem necessary for non-commercial purposes, including (without limitation) the right to publish and distribute such Project Property in any form or medium within the public domains as they may choose, (“License Grant”). c) 14.3 If there are any special provisions regarding the confidentiality of the Project Property or pertaining to the License Grant, then they must be agreed to by the Government of Manitoba, in advance, in writing as part of the application approval process. d) 14.4 In addition, where in the opinion of the Government of Manitoba, the applicant has: i. (a) ceased to exist (other than a sale of all or substantially all of the applicant’s assets to a third-party); ii. (b) demonstrated that it does not have the capacity to commercialize the Project Property; or iii. (c) does not possess legally protected Project Property from the project, then, at the Government of Manitoba’s option and upon written notice to the applicant, the License Grant provided above shall include the right of the Government of Canada and the Government of Manitoba to exercise the License Grant for commercial purposes as well, as they may determine, in their discretion.