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13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The <br />CONTRACTOR will disclose to the CITY any invention, written product, computer program <br />developed or data assembled as a result of performance of work under this Agreement within seventy <br />four (74) days of invention, development or assembly. The CITY, State of California, and U.S. <br />Department of Labor will have the right to patent any invention and copyright any written product or <br />computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will <br />transfer all pertinent information, specifications and right, title and interest to the designated agency. <br />14. 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 or <br />agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall <br />report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY <br />and the DOL and its representative on these matters, the DOL shall determine whether to seek <br />protection on the invention or discovery. The DOL and its representative shall determine how the <br />rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated <br />and administered in order to protect the public interest consistent with the "Governmental Patent <br />Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, <br />1971, and Statement of Government Patent Policy as printed in 36 FR 16889). <br />B. Copyright Policy. <br />1. Unless otherwise provided in the terms of the grant or agreement, when copyright - <br />able material is developed in the course of or under a DOL Grant or agreement, the author and the <br />CITY which developed the work is free to copyright material or to permit others to do so. The <br />CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive <br />and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted <br />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 purposes: <br />(a) The copyright in any work developed under any grant, sub - grant, or contract under a grant or <br />subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases <br />ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 <br />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 />15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder <br />exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC <br />1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and <br />Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be <br />hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: <br />(a) No facility to be utilized in the performance of the proposed grant has been listed <br />on the EPA List of Violating Facilities; <br />(b) It will notify CITY prior to award of the receipt of any communication from the <br />Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be <br />Page 8 of 15 <br />