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ORANGE COUNTY, NC
<br />RFP No. 367-OC5430
<br />Design & Engineering Services -
<br />Electric Vehicle Charging Stations
<br />Grant Project
<br />graphic or pictorial delineation in media such as drawings or photographs; text in specifications or
<br />related performance or design-type documents; machine forms such as punched cards, magnetic
<br />tape, or computer memory printouts; and information retained in computer memory. Examples
<br />include, but are not limited to: computer software, engineering drawings and associated lists,
<br />specifications, standards, process sheets, manuals, technical reports, catalog item identifications,
<br />and related information. The term "subject data" does not include financial reports, cost analyses,
<br />and similar information incidental to contract administration.
<br />(2)The following restrictions apply to all subject data first produced in the performance of the
<br />contract to which this Attachment has been added:
<br />(a)Except for its own internal use, the Purchaser or Contractor may not publish or reproduce
<br />subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor
<br />authorize others to do so, without the written consent of the Federal Government, until such time
<br />as the Federal Government may have either released or approved the release of such data to
<br />the public; this restriction on publication, however, does not apply to any contract with an
<br />academic institution.
<br />(b)Effective December 19, 2014, the Super circular, 2 C.F.R. part 1201 did not retain the
<br />common rule provision with respect to program income earned from license fees and royalties
<br />for patents, patent applications, and inventions produced under the Project which are developed
<br />under a research project.
<br />(c) When FTA awards Federal assistance for experimental, developmental, or research work, it
<br />is FTA's general intention to increase transportation knowledge available to the public, rather
<br />than to restrict the benefits resulting from the work to participants in that work. Therefore, unless
<br />FTA determines otherwise, the Purchaser and the Contractor performing experimental
<br />developmental, or research work required by the underlying contract to which this Attachment is
<br />added agrees to permit FTA to make available to the public, either FTA's license in the copyright
<br />to any subject data developed in the course of that contract, or a copy of the subject data first
<br />produced under the contract for which a copyright has not been obtained. If the experimental,
<br />developmental, or research work, which is the subject of the underlying contract, is not
<br />completed for any reason whatsoever, all data developed under that contract shall become
<br />subject data as defined in subsection (a) of this clause and shall be delivered as the Federal
<br />Government may direct. This subsection (e), however, does not apply to adaptations of
<br />automatic data processing equipment or programs for the Purchaser or Contractor's use whose
<br />costs are financed in whole or in part with Federal assistance provided by FTA for transportation
<br />capital projects.
<br />(d)Unless prohibited by state law, upon request by the Federal Government, the Purchaser and
<br />the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers,
<br />agents, and employees acting within the scope of their official duties against any liability,
<br />including costs and expenses, resulting from any willful or intentional violation by the -Purchaser
<br />or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication,
<br />translation, reproduction, delivery, use, or disposition, of any data furnished under that contract.
<br />Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government
<br />for any such liability arising out of the wrongful act of any employee, official, or agents, of the
<br />Federal Government.
<br />Docusign Envelope ID: C9F02BE8-AE2A-4BE1-874D-0AE2AA324629
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