Common use of Party Intellectual Property Clause in Contracts

Party Intellectual Property. Except as provided herein, CONTRACTOR agrees that its performance of this CONTRACT shall not be dependent upon or include any Intellectual Property of CONTRACTOR or third party without first: (i) obtaining COUNTY’s prior written approval; and (ii) granting to or obtaining for COUNTY’s, without additional compensation, a license, as described in paragraph thirty-six (36)(c), for any of CONTRACTOR’s or third-party’s Intellectual Property in existence prior to the effective date of this CONTRACT. If such a license upon these terms is unattainable, and COUNTY determines that the Intellectual Property should be included in or is required for CONTRACTOR’s performance of this CONTRACT, CONTRACTOR shall obtain a license under terms acceptable to COUNTY.