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DocuSign Envelope ID:25158025-ADOF-4044-B3BF-3AB3BFDF53FD <br /> Appendix B <br /> NC State University <br /> Cost Reimbursement Terms and Conditions <br /> for NC DOT CFAT Subawards (version 10-2017) <br /> 17. Disputes. In the event of a dispute or claim regarding any matter under the Subaward that <br /> is not disposed of by mutual agreement,the parties agree to pursue those necessary <br /> institutional and/or legal remedies as may be appropriate. Legal remedies may include <br /> pursuit of the dispute by either party in a court of competent jurisdiction. In this event, <br /> each party shall be responsible for all costs they incur as a result of such action. <br /> Subrecipient agrees to continue performance on a disputed matter until any such dispute is <br /> resolved. <br /> 18. Inventions. <br /> A. The parties agree to abide by the applicable United States regulations governing <br /> patents and inventions issued by the US Department of Commerce at 37 CFR 401, <br /> wherein the rights of the Federal Government are established. Any invention or <br /> discovery made or conceived in the performance of the research or other work <br /> (hereinafter called "Invention"), or any patent to be granted on such Invention shall be <br /> jointly or individually owned by Subrecipient and/or NCSU in accordance with the <br /> following criteria: <br /> 1) Title to any Invention made or conceived jointly by employees of both <br /> Subrecipient and NCSU in the performance of the Research (hereinafter called <br /> "Joint Invention") shall vest jointly in NCSU and Subrecipient. <br /> 2) Title to any Invention made or conceived solely by employees of either <br /> Subrecipient or NCSU in the performance of the Research shall vest in the party <br /> whose employees or students made or conceived such Invention or discovery. <br /> B. The Subrecipient will, within 2 months after their inventor makes a written <br /> disclosure, submit a written report to the NCSU Administrator(Block 10), identifying the <br /> Subaward number, date of disclosure by Subrecipient's PI,and a brief(non-disclosing) <br /> description, identifying the purpose of the invention. Subrecipient will concurrently make <br /> a full disclosure directly to the Prime Sponsor in accordance with the Prime Agreement. <br /> C. The Subrecipient will submit a final invention report to NCSU concurrently with <br /> the final invoice. Subrecipient will use the forms prescribed by the Prime Sponsor(e.g. <br /> DD Form 882 or NASA Form C-3044). The list will identify all subject inventions, <br /> including the disclosure date(s) or stating that there were no inventions(negative report is <br /> required). <br /> D. The Subrecipient will, upon request, submit a written report concerning each <br /> patent filing, including: the filing date, serial number and title, a copy of the patent <br /> application, patent number, and issue date. <br /> 19. Copyright. The Subrecipient may copyright any work product, software or data that is <br /> subject to copyright and was first developed by or on behalf of Subrecipient under the <br /> Subaward. For such copyrights or copyrighted material (including any computer software <br /> and its documentation and/or databases), subject to its legal ability to do so, Subrecipient <br /> grants to the Federal Government the rights established in the Prime Agreement and <br /> Appendix S NCSU CR Subaward Terms for NC DOT-outreach and education subs f OZ.17 Page 6 of 9 <br />