2019-875-E AMS - NC State University electric vehicle charger replacement grant

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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B Appendix B NC State University Cost Reimbursement Terms and Conditions for NC DOT CFAT Subawards(version 05-2019) Subaward. For such copyrights or copyrighted material (including any computer software and its documentation and/or databases), subject to its legal ability to do so, Subrecipient grants to the Federal Government the rights established in the Prime Agreement and grants to University, an irrevocable, royalty-free, non-transferable, non-exclusive right and license to use, reproduce, display, and perform publicly to the extent required to meet University's obligations under its Prime Agreement and for the purposes of its noncommercial research and educational missions. 20. Data Rights. For Data and computer software created in the performance of this Subaward Agreement, Subrecipient grants to the Prime Sponsor the rights established in the Prime Agreement and grants to University the right to use data to the extent required to meet University's obligations under its Prime Agreement and for the purposes of its noncommercial research and educational missions. 21. Confidentiality. A- In the performance of the Project, it may be necessary for one party to disclose information that is proprietary and confidential to the disclosing party. All such information must be disclosed in writing and designated as confidential or, if disclosed orally, must be identified as confidential at the time of disclosure and confirmed in writing and designated as confidential within thirty (30) days of such disclosure. Except as otherwise provided herein, for a period of Three (3) years following the date of such disclosure, the receiving party agrees to use the confidential information only for purposes of this Agreement and further agrees that it will not disclose or publish such information except that these restrictions do not apply to: (i) information that is or becomes publicly known through no fault of the receiving party; (ii) information learned from a third party entitled to disclose it; (iii) information already known to or developed by receiving party before receipt from disclosing party, as shown by receiving party's prior written records; (iv) information for which receiving party obtains the disclosing party's prior written permission to publish; (v) information required to be disclosed by court order or operation of law, including, but not limited to, the North Carolina Public Records Law; or (vi) information that is independently developed by the receiving party's personnel who are not privy to the disclosing party's confidential information. 2 Appendix B NCSU CR T&C's for NC DDT revised 5.10.19 Page 7 of 9