Agenda - 01-22-2009 - 4p - Laserfiche WebLink

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7 •Section X Publicity and Publicalfons A. Airy published or distributed reports,dam,or other information shall contain an acknowledgment of the support of the Commission as well as a disclaimer statement to the following effect:Arty opinion,firgring conch Lrion or re00111112271fialitiTIN..2grrensed this publication are those of the a d hor(c) d do not necmarily reflect the vie*and policies of t e North Carolina Tobacco Trust Fond Commission.Upon publication of materials resulting from the work of the Project,the Grantee shall furnish a minimum of, two copies of reports to the Commission. The Grantee shall flclmnwledge the support of the Commission by including its logo on prima info inforrnation,presentations and other • materials produced pursuaat in the Project. Fl.. At the request of the Commission,the(trainee shall place signage at the Project site or sites idtentifying the Project as receiving Commission Funds. This signnge shall he in mutually agreeable warding and format C. Subject to the requirements of Section X.A above,die Grantee may publishor arrange for • the publication of information resulting from work carried out under this Agreement; • however,the information shall not be marketed for profit by the Grantee. D. If work done pursuant to the Agreement results in any intellectual property field accruing to the Grantee,the Grantee hereby grants to the Commission an assignable royalty-free, non-exctusive irrevocable license to publish,translate,reproduce,deliver,perform or use the material covered by the intellectual property right. +Section XL Termination&Availability of Tanis A. Either Party shall have d::ability to terminate this Agreement on thirty days'written notice. 13. If after notice and reasonable opportunity to cure a dcfoct or problem,the Grantee fails for any reason in i rilti II in punper mannur its obligations under this Agreement_or violates any of the material terms or conditions of this Agreement,the Commission shall have the right to terminate this Agreement by giving fourteen(14)days written notice to the °lance of such termination. In such event,the Commission shall have no responsibility to make additional payments under this Agreement slier the Termination Date. No further expenditures shall be made ender this Agreement upon notice of termination except for such work as sl1alI have already been performed prior to the notice of 'rumination Date and the Grantee shall repay all unspent grant funds upon the deiced of the Commission together with nnv n ik:c,t accrued on those unspent lands. C. The Commission's ob1i+ration to pay any sraounts under this Agreement is contingent upon the availability Of funds to it to fund the Project.In the event that funds for this Projeel b.cone unavailable,the Commission may terminate this Agreement immediately upon facsimile notice to the Grantee.In the event c t notice c f the unavailability of funds, all obligations of the Commission to make payments under this Apeman t shall cease as of the date of the notice of tcs-roinatir.n for unavailability of funds except for such work as shall have already been porfurured prior to the dale of the notice of terminat iion for unavaliability of funds. Seetiou XII.Liabilities sad Loss 5 BOCC Meeting, January 22, 2009, Page 7 /39