Joint Results. As requested in the Consortium Agreement signed between the FED4SAE Beneficiaries, among which the Cascade Funding Partner, if, in the course of carrying out the Application Experiment, a Result is generated by the Selected Third Party with one or several FED4SAE Beneficiaries or their Affiliated Entities (the “Contributors”), and if the contributions to or features of such Result form an indivisible part thereof to the extent that none of the said Contributors could reasonably claim full ownership of this Result, such Result shall be jointly owned by them in equal shares, unless differently agreed by the Contributors. Where such joint Result is covered by intellectual property rights, the Contributors shall execute a joint ownership agreement regarding the allocation and the conditions of exploitation of the joint Result as soon as possible. They shall do all their best efforts to execute such joint ownership agreement at the latest six (6) months after the beginning of the industrial or commercial exploitation of such joint Result. The Contributors shall agree on all protection measures, on their joint ownership shares and on the division of related costs in a joint ownership agreement to be negotiated. Unless otherwise agreed in the joint ownership agreement: - each of the Contributors shall be entitled to use their jointly owned Results for internal research activities on a royalty-free basis including for internal educational activities, and without requiring the prior consent of the other Contributors subject to the confidentiality obligations provided in Section 7 in this Agreement, and - the Contributors shall be entitled to otherwise exploit the jointly owned Results and to grant non- exclusive licenses to third parties (without any right to sub-license), if the other Contributors are given: (a) at least 45 calendar days advance notice; and (b) Fair and Reasonable compensation. With respect to the “Fair and Reasonable compensation” due to the FED4SAE Beneficiary which are Non-Profit Organisations, considering their specific positioning, “Fair and Reasonable compensation” means, if requested by such Non-Profit Organisations, that they will receive a financial compensation in case of direct or indirect exploitation of joint Results. The Parties expressly agree herein that in case of joint ownership between Industrial Parties and save as follows where INTEL is a joint owner, such Industrial Parties are entitled to directly Exploit their joint Result without asking the other Industrial Parties’ approval and without paying any compensation to the other Industrial Parties. In instances where INTEL is a joint owner of Results together with (an)other Industrial Party(ies), the above shall not apply and each of the joint owners shall be entitled to Exploit the joint Results as it sees fit, and to grant non-exclusive licences, without obtaining any consent from, paying compensation to, or otherwise accounting to any other joint owner, unless otherwise agreed between the joint owners, and this provision constitutes a “joint ownership agreement” for the purposes of Article 26.2 of the Grant Agreement.
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Joint Results. As requested in the Consortium Agreement signed between the FED4SAE Beneficiaries, among which the Cascade Funding Partner, if, in the course of carrying out the Application Experiment, a Result is generated by the Selected Third Party with one or several FED4SAE Beneficiaries or their Affiliated Entities (the “Contributors”), and if the contributions to or features of such Result form an indivisible part thereof to the extent that none of the said Contributors could reasonably claim full ownership of this Result, such Result shall be jointly owned by them in equal shares, unless differently agreed by the Contributors. Where such joint Result is covered by intellectual property rights, the Contributors shall execute a joint ownership agreement regarding the allocation and the conditions of exploitation of the joint Result as soon as possible. They shall do all their best efforts to execute such joint ownership agreement at the latest six (6) months after the beginning of the industrial or commercial exploitation of such joint Result. The Contributors shall agree on all protection measures, on their joint ownership shares and on the division of related costs in a joint ownership agreement to be negotiated. Unless otherwise agreed in the joint ownership agreement: - each of the Contributors shall be entitled to use their jointly owned Results for internal research activities on a royalty-free basis including for internal educational activities, and without requiring the prior consent of the other Contributors subject to the confidentiality obligations provided in Section 7 in this Agreement, and - the Contributors shall be entitled to otherwise exploit the jointly owned Results and to grant non- non-exclusive licenses to third parties (without any right to sub-license), if the other Contributors are given:
(a) at least 45 calendar days advance notice; and
(b) Fair and Reasonable compensation. With respect to the “Fair and Reasonable compensation” due to the FED4SAE Beneficiary which are Non-Profit Organisations, considering their specific positioning, “Fair and Reasonable compensation” means, if requested by such Non-Profit Organisations, that they will receive a financial compensation in case of direct or indirect exploitation of joint Results. The Parties expressly agree herein that in case of joint ownership between Industrial Parties and save as follows where INTEL is a joint owner, such Industrial Parties are entitled to directly Exploit their joint Result without asking the other Industrial Parties’ approval and without paying any compensation to the other Industrial Parties. In instances where INTEL is a joint owner of Results together with (an)other Industrial Party(ies), the above shall not apply and each of the joint owners shall be entitled to Exploit the joint Results as it sees fit, and to grant non-exclusive licences, without obtaining any consent from, paying compensation to, or otherwise accounting to any other joint owner, unless otherwise agreed between the joint owners, and this provision constitutes a “joint ownership agreement” for the purposes of Article 26.2 of the Grant Agreement.
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Sources: Grant Agreement