2011/10/05 Council Agenda Packet

J. Disclaimer: Any publication and presentation by Sub-recipient or its students utilizing the Foundation Intellectual Property or the Jointly Owned Intellectual Property shall include the following disclaimer: The comments and views detailed herein may not necessarily reflect the views of the Water Research Foundation, its officers, directors, affiliates or agents. Every Project Report shall contain(a)the Foundation logo and Co-funders logo,(b) an acknowledgment that the Foundation and Co-funders are co-sponsors of the publication,material, and its underlying research, and(c)a disclaimer which states: "This document was reviewed by a panel of independent experts selected by the Foundation. The Foundation, City of Tacoma Public Utilities, Water Division, Seattle Public Utilities, and City of Everett assume no responsibility for the content of the research study reported in this publication or for the opinions or statements offact expressed in the report. Mention of trade names or commercial products does not constitute the Foundation's, Tacoma Water's, Seattle Public Utilities', or City of Everett's endorsement or recommendations for use. Similarly, omission ofproducts or trade names indicates nothing concerning Foundation's, Tacoma Water's, Seattle Public Utilities', or City of Everett's position regarding product effectiveness or applicability. This report is presented solely for informational purposes." K. Return of Intellectual Property: The Sub-recipient shall provide to Foundation legible copies of all the Foundation's Intellectual Property and shall provide to Foundation and Co-funders legible copies of all Jointly Owned Intellectual Property and licensed pre-existing Intellectual Property within thirty (30)days of receiving a Notice of termination(including source and object code of any computer software program)whether or not a cure period is provided.Further,at the same time, Sub-recipient shall provide copies and originals where the Sub-recipient has abandoned, or otherwise lost,its rights to patentable inventions or discoveries, as provided by 37 CFR 401 et.seq. Such information shall be provided in whatever medium is reasonably designated by the Foundation. No final payments will be made without proper provision of such Intellectual Property. L. Originality: The Sub-recipient shall verify and ensure that it, and its Subcontractors, are the sole creator(s) and originator(s) of all Foundation Intellectual Property, Sub-recipient's Intellectual Property,pre-existing Intellectual Property,and Jointly Owned Intellectual Property as defined herein; none of those rights have been bargained, sold,or conveyed in any other manner to any person or entity except as detailed and permitted by this PFA.Further,the Sub-recipient shall use its best efforts to ensure that no portion of this Project,including any portion completed by Subcontractors,infringes upon the Intellectual Property rights of any other person or entity or violates the common law or statutory right,title, or interest of any person or entity. M. Background Intellectual Property. This PFA shall not be construed as implying that either party hereto shall have the right or license(express or implied)to use background Intellectual Property of the other in connection with this Project except as otherwise provided hereunder or required by Federal government regulations. Background Intellectual Property includes property and the legal right therein of either party developed before or independent of this PFA or the Project including inventions,patent applications,patents,copyrights,trademarks,mask works,trade secrets,know-how and any infounation embodying proprietary data such as technical data and computer software. N. Other Research. The Foundation understands that Sub-recipient may be involved or become involved in similar or related research on behalf of itself and others. Subject to any confidentiality and Intellectual Property sections of this PFA,nothing contained in this PFA shall be construed to limit or impair the freedom of Sub-recipient or its researchers neither to conduct research for itself or third- FINAL 09012011 16 Joint Multi Funded PFA 54