Common use of MATERIAL AND INTELLECTUAL PROPERTY Clause in Contracts

MATERIAL AND INTELLECTUAL PROPERTY. Access to Material 6.1 If the Contractor receives a request for access to any of the Material from a person other than the City, and this Agreement does not require or authorize the Contractor to provide that access, the Contractor must promptly advise the person to make the request to the City. Ownership and delivery of Material 6.2 The City exclusively owns all property rights in the Material which are not intellectual property rights. The Contractor must deliver any Material to the City immediately upon the City’s request. Matters respecting intellectual property 6.3 The City exclusively owns all intellectual property rights, including copyright, in: (a) Received Material that the Contractor receives from the City; and (b) Produced Material, other than any Incorporated Material. Upon the City’s request, the Contractor must deliver to the City documents satisfactory to the City that irrevocably waive in the City’s favour any moral rights which the Contractor (or employees of the Contractor) or a Subcontractor (or employees of a Subcontractor) may have in the Produced Material and that confirm the vesting in the City of the copyright in the Produced Material, other than any Incorporated Material. Rights in relation to Incorporated Material 6.4 Upon any Incorporated Material being embedded or incorporated in the Produced Material and to the extent that it remains so embedded or incorporated, the Contractor grants to the City: (a) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify and distribute that Incorporated Material; and (b) the right to sublicense to third-parties the right to use, reproduce, modify and distribute that Incorporated Material.

MATERIAL AND INTELLECTUAL PROPERTY. Access to Material 6.1 If the Contractor Consultant receives a request for access to any of the Material from a person other than the City, and this Agreement does not require or authorize the Contractor Consultant to provide that access, the Contractor Consultant must promptly advise the person to make the request to the City. Ownership and delivery of Material 6.2 The City exclusively owns all property rights in the Material which are not intellectual property rights. The Contractor Consultant must deliver any Material to the City immediately upon the City’s request. Matters respecting intellectual property 6.3 The City exclusively owns all intellectual property rights, including copyright, in: (a) Received Material that the Contractor Consultant receives from the City; and (b) Produced Material, other than any Incorporated Material. Upon the City’s request, the Contractor Consultant must deliver to the City documents satisfactory to the City that irrevocably waive in the City’s favour any moral rights which the Contractor Consultant (or employees of the ContractorConsultant) or a Subcontractor Sub-Consultant (or employees of a SubcontractorSub-Consultant) may have in the Produced Material and that confirm the vesting in the City of the copyright in the Produced Material, other than any Incorporated Material. Rights in relation to Incorporated Material 6.4 Upon any Incorporated Material being embedded or incorporated in the Produced Material and to the extent that it remains so embedded or incorporated, the Contractor Consultant grants to the City: (a) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify and distribute that Incorporated Material; and (b) the right to sublicense to third-parties the right to use, reproduce, modify and distribute that Incorporated Material.