Common use of Documents & Data; Licensing of Intellectual Property Clause in Contracts

Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for DISTRICT to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONTRACTOR under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of DISTRICT, and shall not be used in whole or in substantial part by CONTRACTOR on other projects or services without DISTRICT'S express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, CONTRACTOR shall provide to DISTRICT reproducible copies of all Documents & Data, in a form and amount required by DISTRICT. DISTRICT reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by DISTRICT at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the CONTRACTOR is entitled under the termination provisions of this Agreement, CONTRACTOR shall provide all Documents & Data to DISTRICT upon payment of the undisputed amount. CONTRACTOR shall have no right to retain or fail to provide to DISTRICT any such documents pending resolution of the dispute. In addition, CONTRACTOR shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of services under this Agreement, and shall make copies available to DISTRICT upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, CONTRACTOR shall make a reasonable effort to notify DISTRICT and provide DISTRICT with the opportunity to obtain the documents.

Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for DISTRICT City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically magnetically, DocuSign Envelope ID: 25FB21BC-FB9A-488B-BE3C-C8C31F3C057A electronically or otherwise recorded on computer diskettesor stored, which are prepared or caused to be prepared by CONTRACTOR Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of DISTRICTCity, and shall not be used in whole or in substantial part by CONTRACTOR Consultant on other projects or services without DISTRICT'S the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, CONTRACTOR Consultant shall provide to DISTRICT City reproducible copies of all Documents & Data, in a form and amount required by DISTRICTCity. DISTRICT City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by DISTRICT City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the CONTRACTOR Consultant is entitled under the termination provisions of this Agreement, CONTRACTOR Consultant shall provide all Documents & Data to DISTRICT City upon payment of the undisputed amount. CONTRACTOR Consultant shall have no right to retain or fail to provide to DISTRICT City any such documents pending resolution of the dispute. In addition, CONTRACTOR Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen five (155) years following completion of services under this Agreementthe Project, and shall make copies available to DISTRICT City upon the payment of actual reasonable duplication costs. Before In addition, before destroying the Documents & Data following this retention period, CONTRACTOR Consultant shall make a reasonable effort to notify DISTRICT City and provide DISTRICT City with the opportunity to obtain the documents.

Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for DISTRICT City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONTRACTOR Consultant under this Agreement (“"Documents & Data”"). All Documents & Data shall be and remain the property of DISTRICTCity, and shall not be used in whole or in substantial part by CONTRACTOR Consultant on other projects or services without DISTRICT'S the City's express written permission. Within thirty (30) days following Consultant and City both acknowledge that this does not include any software, programs, methodologies or systems used in the completioncreation of such work products, suspensionnor does it include any drafts, abandonment notes or termination internal communications created by Consultant in the course of this Agreementperforming the Services that were not otherwise provided to the City in final hardcopy or electronic form. Consultant and City further acknowledge that any documents, CONTRACTOR shall provide drafts, communications or other work products provided to DISTRICT reproducible copies of all Documents & Data, in a form and amount required by DISTRICT. DISTRICT reserves the right City may be considered public records subject to select the method of document reproduction and to establish where the reproduction will California Public Records Act and/or may be accomplished. The reproduction expense shall be borne by DISTRICT at the actual cost of duplicationdiscoverable through litigation. In the event of a dispute regarding the amount of compensation to which the CONTRACTOR Consultant is entitled under the termination provisions of this Agreement, CONTRACTOR Consultant shall provide all Documents & Data to DISTRICT City upon payment of the undisputed amount. CONTRACTOR Consultant shall have no right to retain or fail to provide to DISTRICT City any such documents pending resolution of the dispute. In addition, CONTRACTOR Consultant shall retain copies of all final Documents & Data on file for a minimum of fifteen (15) years following completion of services under this Agreementthe Project, and shall make copies available to DISTRICT City upon the payment of actual reasonable duplication costs. Before destroying the final Documents & Data following this retention period, CONTRACTOR Consultant shall make a reasonable effort to notify DISTRICT City and provide DISTRICT City with the opportunity to obtain the documents. Consultant shall have no responsibility to retain any drafts, notes, communications, emails, or other writings created or received by Consultant in the course of performing the Services other than the final documents or other final work products provided to the City.