Ownership of Materials and Confidentiality a. CONSULTANT shall furnish, at his/her own expense, all labor, materials, equipment, supplies and other items necessary to complete the services to be provided pursuant to this Contract unless otherwise specifically stated in the Contract. CONSULTANT’s services will be performed, findings obtained, reports and recommendations prepared in accordance with generally and currently accepted principles and practices of his/her profession.
b. All materials and data, including but not limited to, data on magnetic media and any materials and data required to be made or kept pursuant to federal, state or local laws, rules or regulations, prepared or collected by CONSULTANT pursuant to this AGREEMENT, shall be the sole property of the DISTRICT, except that CONSULTANT shall have the right to retain copies of all such documents and data for its records. DISTRICT shall not be limited in any way in its use of such materials and data at any time, provided that any such use not within the purposes intended by this AGREEMENT shall be at DISTRICT’s sole risk and provided that CONSULTANT shall be indemnified against any damages resulting from such use, including the release of this material to third parties for a use not intended by this AGREEMENT.
c. All such materials and data shall be provided to the DISTRICT, or such other agency or entity as directed by DISTRICT or required by law, rule or regulation, immediately upon completion of the term of this AGREEMENT as directed by DISTRICT. Should DISTRICT wish to obtain possession of any such materials or data during the term of this AGREEMENT, it shall make its request in writing. Such information shall be provided to the DISTRICT within forty-eight (48) hours of its request.
Ownership of Materials and Confidentiality. A. Documents & Data; Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for WESTERN to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONSULTANT under this Agreement (“Documents & Data”). CONSULTANT shall require all subcontractors to agree in writing that WESTERN is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. CONSULTANT represents and warrants that CONSULTANT has the legal right to license any and all Documents & Data. CONSULTANT makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than CONSULTANT or provided to CONSULTANT by WESTERN. WESTERN shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at WESTERN's sole risk.
Ownership of Materials and Confidentiality. A. Documents & Data; Licensing of Intellectual Property. This Agreement creates an exclusive and perpetual license for County to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer media, which are prepared or caused to be prepared by Provider under this Agreement ("Documents & Data"). Provider shall require all subcontractors to agree in writing that County is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Provider represents and warrants that Provider has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Provider makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Provider or provided to Provider by County. County shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at County's sole risk.
Ownership of Materials and Confidentiality. (i) All materials and data, including but not limited to, data on magnetic media and any materials and data required to be made or kept pursuant to federal, state or local laws, rules or regulations, prepared or collected by Consultant pursuant to this Agreement, shall be the sole property of the District, except that Consultant shall have the right to retain copies of all such documents and data for its records. District shall not be limited in any way in its use of such materials and data at any time, provided that any such use not within the purposes intended by this Agreement shall be at District's sole risk and provided that Consultant shall be indemnified against any damages resulting from such use, including the release of this material to third parties for a use not intended by this Agreement.
(ii) All such materials and data shall be provided to the District, or such other agency or entity as directed by District or required by law, rule or regulation, immediately upon completion of the term of this Agreement as directed by District. Should District wish to obtain possession of any such materials or data during the term of this Agreement, it shall make its request in writing. Such information shall be provided to the District within forty-eight (48) hours of its request.
Ownership of Materials and Confidentiality. All materials and data, including but not limited to, data on magnetic media and any materials and data required to be made or kept pursuant to federal, state or local laws, rules or regulations, prepared or collected by SCCD pursuant to this MOU, shall be the sole property of the District, except that SCCD shall have the right to retain copies, of all such documents and data for its records. The District shall not be limited in any way in its use of such materials and data at any time, provided that any such use not within the purposes intended by this MOU shall be at the District's sole risk and provided that SCCD shall be indemnified against any damages resulting from such use, including the release of this material to third parties for a use not intended by this MOU. All such materials and data shall be provided to the District, or such other agency or entity as directed by the District or required by law, rule, or regulation, immediately upon completion of the term of this MOU, or upon the completion of any individual school site project, as directed by the District. Should the District wish to obtain possession of any such materials or data during the term of this MOU or prior to the completion of any individual school site project, it shall make its request in writing. Such information shall be provided to the District within forty-eight (48) hours of its request.
Ownership of Materials and Confidentiality. (1) All materials and data, including but not limited to, data on electronic or magnetic media and any materials, documents and data required to be made or kept pursuant to federal, state or local laws, rules or regulations, prepared or collected by Consultant pursuant to this Agreement, shall be the sole property of the District, except that Consultant shall have the right to retain copies of all such documents and data for its records. District shall not be limited in any way in its use of such materials and data at any time, provided that any such use not within the purposes intended by this Agreement shall be at District’s sole risk and provided that Consultant shall be indemnified against any damages resulting from such use, including the release of this material to third parties for a use not intended by this Agreement.
(2) All such materials and data shall be provided to the District, or such other agency or entity as directed by District or required by law, rule or regulation, as they become due during the term of this Agreement as direct by District.
Ownership of Materials and Confidentiality. 5.1 All information and material of any kind, including intellectual property developed or prepared for or by the Consultant pursuant to this Agreement shall be the sole property of HSC. The Consultant shall ensure all such information and material that is in the possession or under the control of the Consultant or any of its shareholders, directors, employees, agents or servants shall be kept confidential and secure. The Consultant shall ensure that such confidential information is not disclosed or used by such persons, either directly or indirectly, without the prior written consent of HSC.
5.2 The Consultant assigns in favour of HSC any and all of its property rights in the information and materials referred to in s.5.1 including without limitation copyrights to create derivative works and rights to patents, trademarks and industrial designs, and waives any moral rights arising therefrom. The Consultant shall also obtain from any individual author or creator of any of the information or material an executed assignment and waiver in favour of HSC of any right of the author or creator in the information or materials. Upon a written request from HSC, the Consultant agrees to deliver forthwith to HSC all material and information specified in the request that is the property of HSC and in the possession or under the control of the Consultant. If the Consultant includes in the work product developed or prepared for or by the Consultant under this Agreement any information or material owned by a third party, the Consultant shall, prior to completion and delivery of the work product to HSC, obtain all necessary written consents and approvals from the third party to include them in the Consultant’s work product.
Ownership of Materials and Confidentiality. A. Documents & Data; Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for WESTERN to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONSULTANT under this Agreement (“Documents & Data”). CONSULTANT shall require all subcontractors to agree in writing that WESTERN is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. CONSULTANT represents and warrants that CONSULTANT has the legal right to license any and all Documents & Data. CONSULTANT makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than CONSULTANT or provided to CONSULTANT by WESTERN. WESTERN shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at WESTERN's sole risk.
B. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT. Such materials shall not, without the prior written consent of WESTERN, be used by CONSULTANT for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is generally known, or has become known, to the related industry shall be deemed confidential. CONSULTANT shall not use
Ownership of Materials and Confidentiality
