Common use of Performing Agency’s Pre-existing Works Clause in Contracts

Performing Agency’s Pre-existing Works. A. To the extent the Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or to which Performing Agency acquired rights prior to the Effective Date of this Contract (“Incorporated Pre-Existing Works”), Performing Agency retains ownership to such Incorporated Pre-Existing Works. For avoidance of doubt, Performing Agency also retains ownership of any works developed by Performing Agency that are unrelated to the Work under this Contract. B. To the extent legally permitted, Performing Agency hereby grants System Agency an irrevocable, perpetual, non-exclusive, royalty-free, worldwide right and license to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display the Incorporated Pre-Existing Works for the exclusive purpose of utilizing the Work Product for System Agency’s non-commercial, governmental purposes.

Performing Agency’s Pre-existing Works. A. To the extent the Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or to which that Performing Agency acquired rights in prior to the Effective Date of this Contract (“Incorporated Pre-Existing Works”), Performing Agency retains ownership to such Incorporated Pre-Existing Works. For avoidance of doubt, Performing Agency also retains ownership of any works developed by Performing Agency that are unrelated to the Work under this Contract. B. To the extent legally permittedable to, Performing Agency hereby grants System Agency an irrevocable, perpetual, non-exclusive, royalty-free, worldwide right and license to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display display, the Incorporated Pre-Existing Works for the exclusive purpose of utilizing the Work Product for System Agency’s non-commercial, governmental purposes.

Performing Agency’s Pre-existing Works. A. To the extent the Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or to which Performing Agency acquired rights prior to the Effective Date of this Contract (“Incorporated Pre-Existing Works”), Performing Agency retains ownership to such Incorporated Pre-Existing Works. For avoidance of doubt, Performing Agency also retains ownership of any works developed by Performing Agency that are unrelated to the Work under this Contract. B. To the extent legally permitted, Performing Agency hereby grants System Agency an irrevocable, perpetual, non-exclusive, royalty-free, worldwide right and license to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display the Incorporated Pre-Existing Works for the exclusive purpose of utilizing the Work Product for System Agency’s non-commercial, governmental purposes. 8. Section 5.4, Agreements with Employees and Subcontractors, is deleted in its entirety and replaced with the following: