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<br /> 12/09
<br /> 8. INVENTIONS, PATENTS AND COPYRIGHTS.
<br /> A. Reporting Procedure. If any project produces patentable items, patent rights,
<br /> processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant
<br /> or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The
<br /> CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement
<br /> between the CITY and the DOL and its representative on these matters, the DOL shall
<br /> determine whether to seek protection on the invention or discovery. The DOL and its
<br /> representative shall determine how the rights in the invention or discovery, including rights
<br /> under any patent issued thereon, will be allocated and administered in order to protect the
<br /> public interest consistent with the "Governmental Patent Policy" (President's Memorandum for
<br /> Heads of Executive Departments and Agencies, August 23, 1971, and Statement of
<br /> Government Patent Policy).
<br /> B. Copyright Policy.
<br /> 1. Unless otherwise provided in the terms of the grant or agreement, when
<br /> copyright-able material is developed in the course of or under a DOL Grant or agreement, the
<br /> author and the CITY which developed the work is free to copyright material or to permit others
<br /> to do so. The EMPLOYER and the Workforce Investment Board (WIB) shall have a royalty-
<br /> free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to
<br /> use all copyrighted material.
<br /> 2. The DOL reserves a royalty-free, nonexclusive, and irrevocable license to
<br /> reproduce, publish or otherwise use, and to authorize others to use, for Federal Government
<br /> purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract
<br /> under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a
<br /> EMPLOYER purchases ownership with grant support; and (c) EMPLOYER shall comply with
<br /> the requirements of 29 CFR Part 97.34.
<br /> C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
<br /> first procured or delivered under this Agreement.
<br /> 9. Hold Harmless. The EMPLOYER shall indemnify, defend and hold harmless CITY, and its
<br /> officers, agents and employees, from and against any and all damages to property or injuries
<br /> to or death of any person or persons, including property and employees or agents of CITY, and
<br /> shall indemnify, defend and hold harmless CITY, and its officers, agents and employees, from
<br /> any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but
<br /> not limited to, workers' compensation claims, resulting from or arising out of the negligent acts,
<br /> errors or omissions of EMPLOYER, its employees, agents or subcontractors.
<br /> 10. Insurance. The EMPLOYER shall obtain at its sole cost and file with the City of Santa Ana -
<br /> Santa Ana W/O/R/K Center, upon execution of this Agreement, and maintain for the period
<br /> covered by this Agreement, a policy or policies of commercial general liability insurance or a
<br /> certificate of such insurance, satisfactory to the City Attorney of CITY, naming CITY, and its
<br /> officers, agents and employees, as insured or additional insured (see attached Additional
<br /> Insured Endorsement, Exhibit C), which provides coverage not less than that provided in the
<br /> form of a comprehensive general liability insurance policy against liability for any and all claims
<br /> and suits for damages or injuries to persons or property resulting from or arising out of
<br /> operations of EMPLOYER, and its officers, agents, or employees. Said policy or policies of
<br /> insurance shall provide coverage for both bodily injury and property damage in no less than
<br /> One Million Dollars ($1,000,000). Said policy or policies shall also contain a provision that no
<br /> termination, cancellation or change of coverage or of insured or additional insured shall be
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