Orange County NC Website
Browse       Search
DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B <br /> Appendix B <br /> NC State University <br /> Cost Reimbursement Terms and Conditions <br /> for NC DOT CFAT Subawards(version 05-2019) <br /> including public announcements, advertising, or promotional sales literature without the <br /> prior written consent of the other party. <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 University in accordance with the <br /> following criteria: <br /> 1} Title to any Invention made or conceived jointly by employees of both <br /> Subrecipient and University in the performance of the Research (hereinafter called <br /> "Joint Invention") shall vest jointly in University and Subrecipient. <br /> 2) Title to any Invention made or conceived solely by employees of either <br /> Subrecipient or University in the performance of the Research shall vest in the <br /> party 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 University Administrator(Block 10), identifying <br /> the Subaward number, date of disclosure by Subrecipient's PI, and a brief(non- <br /> disclosing) description, identifying the purpose of the invention. Subrecipient will <br /> concurrently make a full disclosure directly to the Prime Sponsor in accordance with the <br /> Prime Agreement. <br /> C. The Subrecipient will submit a final invention report to University concurrently <br /> with the final invoice. Subrecipient will use the forms prescribed by the Prime Sponsor <br /> (e.g. 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 wilt, 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 /> 2 Appendix B NCSU CR T&C's for NC DOT revised 5.10.19 Page 6 of 9 <br />