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<br /> 3. All records to document performance of all acts required by law, regulation, this
<br /> Agreement or that Contract;
<br /> 4. All records to demonstrate accounting procedures and practices that sufficiently
<br /> and properly document the Agency's invoices to the County under that Contract;
<br /> •
<br /> and
<br /> 5. All records sufficient to substantiate the Agency's statement of its organization's
<br /> structure, tax status, capabilities, and performance.
<br /> B. If any litigation or audit is initiated, or if a claim is instituted involving this Agreement
<br /> or any Contract, or a Subcontract entered pursuant to any Contract, the Agency shall
<br /> retain all related records until the litigation, audit, or claim has been finally resolved.
<br /> XXV. RIGHTS IN DATA
<br /> All documents, program materials, books, manuals, films, reports, fiscal, and other data
<br /> developed by the Agency under any Contract shall be for the common use of the Agency,
<br /> the County, and the entity providing the funds for any Contract, subject to the limitations
<br /> herein or by further agreement of the parties, including the following:
<br /> A. The Agency shall not seek patent rights, or produce inventions, original books,
<br /> manuals, films, or other patentable or copyrighted materials created or developed with
<br /> funds provided by any Contract without the approval of the County. As to the latter,
<br /> the Agency acknowledges the County's rights to ownership.and protection of the
<br /> public interest in such intellectual property and to negotiate agreements for reasonable
<br /> royalty fees, administration, and protection of existing and future rights. The Agency
<br /> shall not affix any restrictive markings upon any data produced with funds from any
<br /> Contract, and if such markings are affixed, the County shall have the right to modify,
<br /> remove, or ignore such markings.
<br /> B. The County may duplicate, use, and disclose in any manner and for any purposes
<br /> whatsoever, and have others so do, all data delivered under a Contract. If a Contract
<br /> results in any copyrightable material or inventions, the County and the entity providing
<br /> the funds for that Contract reserve the right to a royalty-free, non-exclusive and
<br /> irrevocable license to reproduce, publish or otherwise use and to authorize others to
<br /> use, the work or materials covered by copyright for governmental purposes,
<br /> PROVIDED, that with respect to data not originated in the performance of the
<br /> Contract, such license shall be only to the extent that the Agency has the right to grant
<br /> such license without becoming liable to pay compensation to others because of such
<br /> grant. The Agency shall exert all reasonable effort to advise the County, at the time
<br /> of delivery of data furnished under a Contract, of all invasions of right or privacy
<br /> contained therein and of all portions of such data copied from work not composed or
<br /> produced in the performance of the Contract and not licensed under this clause. The
<br /> Agency shall report to the County promptly and in written detail each notice or claim
<br /> of copyright infringement received by the Agency with respect to all data delivered
<br /> under a Contract.
<br /> C. All books, informational pamphlets, press releases, research reports, articles, and
<br /> similar public notices prepared and released by the Agency for the services provided
<br /> by any Contract shall include the statement, "This project receives funding from the
<br /> Snohomish County Department of Human Services." In addition, all such notices will
<br /> Basic Terms and Conditions Agreement
<br /> City of Everett
<br /> HSD-2018-101-198
<br /> Page 13 of 31
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