Ownership of the Work Product. Air Products and Comverge will jointly and severally own all right, title and interest in and to the Business Models and any other deliverables pursuant to this Agreement (the “Work Product”).
Ownership of the Work Product. Any and all intellectual property resulting from the rendering of the Services, including but not limited to the Work Product conceived, developed, or prepared by Supplier, its, employees or subcontractors hired by the Supplier in the course of performing the Services under this Agreement, or that result from or that are related to such Services, whether or not they are eligible for copyright, patent, trade secret, trademark or other intellectual property protection (the “Intellectual Property”), shall belong exclusively to EY. Supplier hereby automatically and irrevocably assigns to EY, and hereby causes its personnel automatically to assign to EY, at the time of creation of the Intellectual Property, without any requirement of further consideration, any right, title, or interest it or they may have in such Intellectual Property, including any copyrights, patents, trade secrets or other intellectual property rights pertaining thereto. At EY’s request and expense, during and after the term of this Agreement, Supplier will (and will cause all Supplier personnel to) assist and cooperate with EY in all respects, execute documents, and take such further acts reasonably requested by EY to enable EY to acquire, transfer, maintain, perfect and enforce its intellectual property rights and other legal protections for the Intellectual Property or the Work Product, including, but not limited to, assisting and cooperating with EY so that any assignments of intellectual property rights under this Agreement are enforceable against third parties by registering such assignments before the relevant Copyright Offices, in EY’s name and/or in the name of whomever EY designates at its exclusive discretion.
Ownership of the Work Product. The Parties agree that all Work Product, all Intellectual Property Rights in and thereto and derivative works created therefrom shall be the sole and exclusive property of Client. Company hereby assigns and agrees to assign in the future to Client all right, title, and interest and any and all Intellectual Property Rights in and to the Work Product. Company acknowledges and agrees that all aspects of the Work Product that are protectable by copyright shall be deemed “works made for hire”. Company agrees not to challenge the validity of Client's ownership of the Work Product and hereby waives any and all claims and rights of any nature whatsoever (including any moral rights) that Company may now or hereafter have with respect to the Work Product. In the event that Company has any Intellectual Property Rights in the Work Product that cannot be assigned or waived, then Company hereby unconditionally and irrevocably grants to Client an exclusive, worldwide, irrevocable, fully-paid, royalty-free, perpetual license to use, reproduce, distribute, create derivative works of, publicly perform, and publicly display such Work Product in any medium or format, whether now known or later developed. Company shall not use the Work Product for any purpose other than the performance of its obligations under this Agreement except to the extent that the Parties may otherwise expressly agree in writing.
