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income earned from license fees and royalties for patents, patent applications, and inventions
<br />produced under the project to be project income. Except to the extent FTA determines
<br />otherwise in writing, as provided in 49C.F.R. Parts 18 and 19, the Recipient has no obligation
<br />to the Federal Government with respect to that program income, apart from compliance with 35
<br />U.S. C. 200 et seq., which applies to patent rights developed under a research project.
<br />Section 24. Rights in Data and Copyrights.
<br />a. Data. The term "subject data," as used in this Section 14 of this Agreement
<br />means recorded information, whether or not copyrighted, that is delivered or
<br />specified to be delivered under this Agreement for the Project. Examples include,
<br />but are not limited to: computer software, standards, specifications, engineering
<br />drawings and associated lists, process sheets, manuals, technical reports, catalog
<br />item identifications, and related information. "Subject data" does not include
<br />financial reports, cost analyses, or similar information used for Project
<br />administration. The Contractor acknowledges that, regarding any subject data first
<br />produced in the performance of this Agreement for the Project, except for its own
<br />internal use, the Contractor may not publish or reproduce subject data in whole or
<br />in part, or in any manner or form, nor may the Contractor authorize others to do so,
<br />without the written consent of the Department, unless the Department has
<br />previously released or approved the release of such data to the public.
<br />b. Copyrights. The Contractor acknowledges that the FTA reserves aroyalty-
<br />free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
<br />and to authorize others to use, for Federal Government purposes:
<br />(1) The copyright in any work developed under this Agreement or
<br />Sub-agreement/sub-contract; and
<br />(2) Any rights of copyright to which the Contractor or its sub-recipients/
<br />subcontractors purchase ownership with funds awarded for this
<br />Project.
<br />c. Hold Harmless. Except as prohibited or otherwise limited by State law or
<br />except to the extent that FTA or the Department determines otherwise in writing,
<br />upon request by the State Government, the Contractor agrees to indemnify, save,
<br />and hold harmless the State Government and its officers, agents, and employees
<br />acting within the scope of their official duties against any liability, including costs
<br />and expenses, resulting from any willful or intentional violation by the Contractor of
<br />proprietary rights, copyrights, or right of privacy, arising out of the publication,
<br />translation, reproduction, delivery, use, or disposition of any -data furnished under
<br />the Project. The Contractor shall not be required to indemnify the State
<br />Government for any such liability caused by the wrongful acts of Federal or State
<br />employees.
<br />Section 25. Environmental Protections. The Contractor recognizes that many
<br />Federal and State laws imposing environmental and resource conservation requirements may
<br />apply to the Project. Some, but not all, of the major Federal laws that may affect the Project
<br />include: the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321
<br />through 4335; the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through7671 q and scattered
<br />sections of Title 29, United States Code; the Clean Water Act, as amended, 33 U.S.C. §§
<br />1251 through 1377; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§
<br />6901 through 6992k; the Comprehensive Environmental Response, Compensation, and
<br />Liability Act, as amended, 42 U.S.C. §§ 9601 through 9675, as well as environmental
<br />provisions within Title 23, United States Code, and 49 U.S.C. chapter 53. The Contractor also
<br />recognizes that U.S. EPA, FHWA and other Federal agencies have issued, and in the future
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