|
IAA25452 Page 4 of 7
<br />any payment exceeding the revised contract limit.
<br />VII.TREATMENT OF ASSETS AND PROPERTY
<br />The AOC shall be the owner of any and all fixed assets or personal property jointly or
<br />cooperatively, acquired, held, used, or disposed of pursuant to this Agreement.
<br />VIII. RIGHTS IN DATA
<br />Unless otherwise provided, data which originates from this Agreement shall be “works for hire”
<br />as defined by the U.S. Copyright Act of 196 and shall be owned by the AOC. Data shall include,
<br />but not be limited to, reports, documents, pamphlets, advertisements, books, magazines,
<br />surveys, studies, computer programs, films, tapes, and video and/or sound reproductions.
<br />Ownership includes the right to copyright, patent, register, and the ability to transfer these rights.
<br />In the event that any of the deliverables under this Agreement include material not included
<br />within the definition of “works for hire,” the Court hereby assigns such rights to the AOC as
<br />consideration for this Agreement.
<br />Data which is delivered under this Agreement, but which does not originate therefrom, shall be
<br />transferred to the AOC with a nonexclusive, royalty-free, irrevocable license to publish, translate,
<br />reproduce, deliver, perform, dispose of, and to authorize others to do so; provided, that such
<br />license shall be limited to the extent which the Court has a right to grant such a license. The
<br />Court shall advise the AOC, at the time of delivery of data furnished under this Agreement, of
<br />all known or potential invasions of privacy contained therein and of any portion of such document
<br />which was not produced in the performance of this Agreement. The AOC shall receive prompt
<br />written notice of each notice or claim of copyright infringement received by the Court with respect
<br />to any data delivered under this Agreement. The AOC shall have the right to modify or remove
<br />any restrictive markings placed upon the data by the Court.
<br />IX.INDEPENDENT CAPACITY
<br />The employees or agents of each party who are engaged in the performance of this Agreement
<br />shall continue to be employees or agents of that party and shall not be considered for any
<br />purpose to be employees or agents of the other party.
<br />X.AGREEMENT ALTERATIONS AND AMENDMENTS
<br />This Agreement may be amended by mutual agreement of the parties. Such amendments shall
<br />not be binding unless they are in writing and signed by personnel authorized to bind each of the
<br />parties.
<br />XI.RECORDS, DOCUMENTS, AND REPORTS
<br />The Court shall maintain books, records, documents and other evidence of accounting
<br />procedures and practices which sufficiently and properly reflect all direct and indirect costs of
<br />any nature expended in the performance of this Agreement. These records shall be subject at
<br />all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC,
<br />the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or
<br />Agreement. The Court will retain all books, records, documents, and other material relevant to
<br />this Agreement for six years after settlement, and make them available for inspection by persons
<br />authorized under this provision.
<br />Docusign Envelope ID: 6C7238B3-347F-4A8A-8171-604A18B647D4
|