2008-03-12 CC Agenda & Handouts - Laserfiche WebLink

Home Browse Search

of state obligations. These identification numbers may be used in the enforcement of federal and state laws that could result in action requiring the Grantee to file state tax returns, pay delinquent state tax liabilities, or pay other state liabilities. XXI. ANTITRUST. The Grantee hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations which arise under the antitrust laws of the United States and of the State of Minnesota. XXII. CAPITAL EQUIPMENT. The title for equipment purchased with the funding provided in this contract shall be taken in the name of the State of Minnesota. The equipment will remain the property of the State for its useful life. After the contract period, it may remain in the custody of the Grantee so long as it is used for the purposes of promoting and supporting the acceleration of the Grantee's comprehensive local water plan goals. The State may take possession of the equipment at such time as it becomes necessary to use it for State purposes. XXIII. SUBCONTRACTORS. The Recipient agrees that if they subcontract any portion of this Project over $2,500 to another entity that the agreement or contract with the subcontractor will contain all provisions of the LCMR approved Agreement in its entirety. Copyrights, patents, services, and trademarks will be protected and owned by the same percentage as if the Recipient had obtained the intellectual rights. XXIV. OWNERSHIP OF MATERIALS AND INTEllECTUAL PROPERTY RIGHTS. All rights, title, and interest to all intellectual property rights, including patents, copyrights, services and trade marks, in all materials conceived or originated by Recipient either individually or jointly with others, which arise out of the performance of this agreement, are jointly owned by the Recipient and the State. The State's ownership shall equal the percentage of the total Project cost paid for by state funds under this appropriation. Recipient's contribution must be for actual and direct costs for the Project. All Recipient's contributions must be approved in advance to be eligible to qualify as Recipient's contribution to the total Project costs for delivery ownership and regular percentages. This ownership interest shall not be reduced by any reimbursements to the Fund made by the Recipient Sales of Products or Royalty Payments requirements. Any report, study, computer software, data base, model, invention, photograph, negative, audio or video recording, or other item or document, in whatever form, created or prepared under this appropriation are the exclusive property of the Recipient of the appropriation and the State except where stated otherwise in this appropriation. The Recipient of the appropriation, at the request of the State, shall execute any necessary documents necessary to transfer ownership rights to the State. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time, actually or constructively reduced to practice by the Recipient or its employees in the course of or in connection with this appropriation, the Recipient shall immediately give the LCMR written notice thereof, and shall promptly furnish the LCMR with complete information thereon. The LCMR and the Recipient, has the sole right to determine whether or not and where a patent application shall be filed. The Recipient and the State reserve the right to use for their own purposes any intellectual property right produced as the result of the Project without payment to the other party. The party using said product shall protect the intellectual property rights to the product and advise the other party of its use. The State reserves "march-in" rights which can be exercised if the Recipient fails to market or offer to market any product resulting from activities undertaken pursuant to this Agreement within three (3) years from the termination of this Agreement, notwithstanding the above provisions of this section. Recipient shall, upon request of the State, execute and provide the necessary documents for this purpose. xxv. OWNERSHIP OF RESEARCH RESULTS. If, within three (3) years of the termination of this agreement, the Recipient elects not to commercialize any product derived from the research conducted under this project, the research materials shall be returned to the State without cost and free and clear of any obligation to the Recipient. Recipient Page 5 of 6