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representative on these matters, the DOL shall determine whether to seek protection on <br />the invention or discovery. The DOL and its representative shall determine how the <br />rights in the invention or discovery, including rights under any patent issued thereon, will <br />be allocated and administered in order to protect the public interest consistent with the <br />"Governmental Patent Policy" (President's Memorandum for Heads of Executive <br />Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy <br />as printed in 36 FR 16889). <br />B. Copyright Policy. <br />1. Unless otherwise provided in the terms of the grant or agreement, <br />when copyright -able material is developed in the course of or <br />under a DOL Grant or agreement, the City and the author that <br />developed the work is free to copyright material or to permit <br />others to do so. The One -Stop Partner and the SAWIB shall have <br />a royalty -free, nonexclusive and irrevocable license to reproduce, <br />publish, use and to authorize others to use all copyrighted <br />material. <br />2. The DOL reserves a royalty -free, nonexclusive, and irrevocable <br />license to reproduce, publish or otherwise use, and to authorize <br />others to use, for Federal Government purposes: (a) The <br />copyright in any work developed under any grant, sub -grant, or <br />contract under a grant or subgrant; (b) Any right of copyright to <br />which a grantee, subgrantee or a contractor purchases ownership <br />with grant support; and (c) Each One -Stop Partner and the <br />SAWIB shall comply with the requirements of 29 CFR Part <br />97.34. <br />C. Rights to Data. The DOL and the City shall have unlimited rights to any data first <br />procured or delivered under this Agreement. <br />XVIII. CLEAN AIRICLEAN WATER: If the grant hereunder exceeds $100,000, Section <br />306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 <br />USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") <br />regulations (40 CFR Part 15) as any may now exist or be hereafter amended, must be <br />adhered to. Under these laws and regulations, assurances will be made to the <br />following effect: <br />(a) No facility to be utilized in the performance of the proposed grant has been <br />listed on the EPA List of Violating Facilities; <br />(b) Notification will be made prior to award of the receipt of any communication <br />from the Director, Office of Federal Activities, U.S. EPA, indicating that a <br />facility to be utilized for the grant is under consideration to be listed on the <br />EPA List of Violating Facilities; <br />(c) Notification will be made to the CITY and the EPA about any known <br />violation of the above laws and regulations. <br />All parties are in agreement with this Extension of the Memorandum of Understanding and will <br />implement it as herein stated. <br />4 <br />