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<br />1 <br /> <br />2 <br /> <br />3 <br /> <br />4 <br /> <br />5 <br /> <br />6 <br /> <br /> <br />7 <br /> <br />8 <br /> <br />9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br /> <br />17 <br /> <br />18 <br /> <br />19 <br /> <br />20 <br /> <br />21 <br /> <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />CONTRACTOR assigns all rights, title and interest in the Intellectual Property as set forth <br />herein. <br />(2) Nothing in this provision shall restrict, limit, or otherwise prevent CONTRACTOR <br />from using any ideas, concepts, know-how, methodology or techniques related to its <br />performance under this Agreement, provided that CONTRACTOR's use does not infringe the <br />patent, copyright, trademark rights, license or other Intellectual Property rights of COUNTY or <br />third party, or result in a breach or default of any provisions of paragraphs thirty three (a) <br />through thirty-three (i) or result in a breach of any provisions of law relating to confidentiality. <br />(d) Copvriaht. <br />(1) CONTRACTOR agrees that for purposes of copyright law, all works (as defined in <br />Ownership, paragraph thirty-three (b) (2) (i) of authorship made by or on behalf of <br />CONTRACTOR in connection with CONTRACTOR's performance of this Agreement shall be <br />deemed "works made for hire." CONTRACTOR further agrees that the work of each person <br />utilized by CONTRACTOR in connection with the performance of this Agreement will be a <br />"work made for hire," whether that person is an employee of CONTRACTOR or that person has <br />entered into an agreement with CONTRACTOR to perform the work. CONTRACTOR shall <br />enter into a written agreement with any such person that (i) all work performed for <br />CONTRACTOR shall be deemed a "work made for hire" under the Copyright Act and (Ii) that <br />person shall assign all right, title, and interest to COUNTY to any work product made, <br />conceived, derived from or reduced to practice by CONTRACTOR or COUNTY and which <br />result directly or indirectly from this Agreement. <br />(2) All materials, including, but not limited to, computer software, visual works or text, <br />reproduced or distributed pursuant to this Agreement that include Intellectual Property made, <br />conceived, derived from, or reduced to practice by CONTRACTOR or COUNTY and which <br />result directly or indirectly from this Agreement may not be reproduced or disseminated without <br />prior written permission from COUNTY. <br />(e) Patent Riahts. With respect to inventions made by CONTRACTOR in the performance of <br />this Agreement, which did not result from research and development specifically included in the <br /> <br />WIA COST REIMBURSEMENT CONTRACT - REV. 8.15-07 <br /> <br />27 <br />