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Item 19 - Appro. Adjustment of Additional Title 1 Workforce Innovation and Opportunity Act Funds
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08/17/2021 Regular
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Item 19 - Appro. Adjustment of Additional Title 1 Workforce Innovation and Opportunity Act Funds
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8/17/2023 3:45:29 PM
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
19
Date
8/17/2021
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County of Orange <br />OC Community Resources <br />Page 34 of 42 City of Santa Ana <br />Contract No.:MA-012-22010003 <br /> <br />to County to any work product made, conceived, derived from or reduced to <br />practice by Contractor or County and which result directly or indirectly from this <br />Contract. <br />ii. All materials, including, but not limited to, computer software, visual works or <br />text, reproduced or distributed pursuant to this Contract that include Intellectual <br />Property made, conceived, derived from, or reduced to practice by Contractor or <br />County and which result directly or indirectly from this Contract may not be <br />reproduced or disseminated without prior written permission from County. <br /> <br />E. Patent Rights: <br />With respect to inventions made by Contractor in the performance of this Contract, which <br />did not result from research and development specifically included in the Contract’s Scope <br />of Services, Contractor hereby grants to County a license as described under Paragraph <br />Fifty-Four (54)(C) for devices or material incorporating, or made through the use of such <br />inventions. If such inventions result from research and development work specifically <br />included within the Contract’s Scope of Services, then Contractor agrees to assign to <br />County, without additional compensation, all its right, title and interest in and to such <br />inventions and to assist County in securing United States and foreign patents with respect <br />thereto. <br /> <br />F. Third Party Intellectual Property: <br />Except as provided herein, Contractor agrees that its performance of this Contract shall <br />not be dependent upon or include any Intellectual Property of Contractor or third party <br />without first: (i) obtaining County’s prior written approval; and (ii) granting to or obtaining <br />for County’s, without additional compensation, a license, as described in Paragraph Fifty- <br />Four (54)(C), for any of Contractor’s or third-party’s Intellectual Property in existence <br />prior to the effective date of this Contract. If such a license upon these terms is <br />unattainable, and County determines that the Intellectual Property should be included in <br />or is required for Contractor’s performance of this Contract, Contractor shall obtain a <br />license under terms acceptable to County. <br /> <br />G. Warranties: <br />i. Contractor represents and warrants that: <br />a. Contractor has secured and will secure all rights and licenses necessary for <br />its performance of this Contract. <br />b. Neither Contractor’s performance of this Contract, nor the exercise by <br />either Party of the rights granted in this Contract, nor any use, reproduction, <br />manufacture, sale, offer to sell, import, export, modification, public and <br />private display/performance, distribution, and disposition of the <br />Intellectual Property made, conceived, derived from, or reduced to practice <br />by Contractor or County and which result directly or indirectly from this <br />Contract will infringe upon or violate any Intellectual Property right, non- <br />disclosure obligation, or other proprietary right or interest of any third- <br />party or entity now existing under the laws of, or hereafter existing or <br />issued by, any State, the United States, or any foreign country. There are <br />currently no actual or threatened claims by any such third party based on <br />an alleged violation of any such right by Contractor.
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