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<br />1 <br /> <br />2 <br /> <br />3 <br /> <br />4 <br /> <br /> <br />5 <br /> <br />6 <br /> <br /> <br />7 <br /> <br />8 <br /> <br />9 <br /> <br /> <br />10 <br /> <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />18 <br /> <br /> <br />19 <br /> <br /> <br />20 <br /> <br /> <br />21 <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />any agreements or subcontracts with other parties in order to perform this Agreement, <br />CONTRACTOR shall require the terms of the agreement(s) to include all Intellectual Property <br />provisions of paragraphs thirty-three (33) (a) through thirty-three (i). Such terms must include, <br />but are not limited to, the subcontractor assigning and agreeing to assign to COUNTY all <br />rights, title and interest in Intellectual Property made, conceived, derived from, or reduced to <br />practice by the subcontractor, CONTRACTOR or COUNTY and which result directly or <br />indirectly from this Agreement or any subcontract. <br />(5). Pursuant to paragraph thirty-three (b) (4) of the Intellectual Property Provisions of <br />this Agreement, the requirement for the CONTRACTOR to include all Intellectual Property <br />Provisions of paragraph thirty three a) through thirty-three i) of the Intellectual Property <br />Provisions in all agreements and subcontracts it enters into with other parties does not apply <br />to agreements or subcontracts that are for customized and on-the-job training as authorized <br />under 20 CFR 663.700-730. <br />(6) CONTRACTOR further agrees to assist and cooperate with COUNTY in all <br />reasonable respects, and execute all documents and, subject to reasonable availability, give <br />testimony and take all further acts reasonably ne'cessary to acquire, transfer, maintain, and <br />enforce COUNTY's Intellectual Property rights and interests. <br />(c) Retained Riqhts/License Riqhts. <br />(1) Except for Intellectual Property made, conceived, derived from, or reduced to <br />practice by CONTRACTOR or COUNTY and which result directly or indirectly from this <br />Agreement, CONTRACTOR shall retain title to all of its Intellectual Property to the extent such <br />Intellectual Property is in existence prior to the effective date of this Agreement. <br />CONTRACTOR hereby grants to COUNTY, without additional compensation, a <br />permanent, non-exclusive, royalty free, paid-up, worldwide, irrevocable, perpetual, non- <br />terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, <br />publiciy and privately display/perform, distribute, and dispose of CONTRACTOR's Intellectual <br />Property with the right to sublicense through multiple layers, for any purpose whatsoever, to <br />the extent it is incorporated in the Intellectual Property resulting from this Agreement, unless <br /> <br />WIA COST REIMBURSEMENT CONTRACT - REV. 8-15-07 <br /> <br />26 <br />