2002-026 Ordinance - Laserfiche WebLink

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,,?. v curc r?o• +c vuu 21653"365? • ? ? SF?N X)II - DATA. PATENTS A1VD CQPYRIGHTS - PUBLIC USE The LPA shall ensure that any designs, specifications, pracesses, devices or ather intelIectual properties specifically devised for the PROJECT by its cansultants or contractors performing work under Section III of this Agreement becorac the property of the LPA, and that when requested, such designs, specifications, processes, devices ar othGr intellectual properties shall become available to ODOT and FHWA with an unresiricted right to reproduce, distrihute, modify, maintain, and use. The LPA's consultants and contractors shall not seek or obtain copyrights, patents, or other forms of proprietary protecdon for such designs, specifications, processes, devices or other intellectual properties, and inproviding them to the PROJECT shall relinquish any such protections should they exist. The LPA shall aat allow its consultants or cantractors to utilize within the development of the PROJECT any copyrighted, patented or similarlyprotected dasign, specification, process, device or other intellxtual pmperty unless the consultant or contractor has provided for such use by suitable legal agreement with the ownier of such copyright, patent, or similar protection. A consultant or contractor malang use of such protected items far the PROSECT shall indemnify and save harmIcss the LPA and any affected third pariy from any and all claims of infringoment on such protections, including any costs, expenses, and damages which it may be obtiged to pay by reason of infringetnent, at any tirne during the prosecutian or after the completion of work on the PROTECT. In the case of patented pavements or wearing conrses where royalties, licei7sing and proprietary service charges, exacted or to be exacted by the patentees, are publishcd and ecrtified agretments are $lad with the LPA, guaraateeing to prospective bidders free unresiricted use of all such proprietary rights and trademarked goods upon payment of such published charges, such patented pavemcnts or wearing courses may be specifically designated ia the gmposal and competition secured upon the itern exciusive of the patent or proprietary charges. SECTION XXYTI - GOVERNING LAW This Agreernent and any cIaims arising out of this Agreement shall be governed by the Iaws of the State of ()hio. Anypmvision of this Agreement grohibited by the law af Ohio shall be dcemed vaid and of no effect. Any litigation arising out of or relating in any way to this Agreement or the performance thereunder shall be brought only in the courts of 4hio, and the LPA hereby irrevocably consents to such jurisdiction. To the cxtent that ODOT is a party to any litigation arising out of or relating in any way to this Agreement or the performance thereunder; such an action shaIl be brought only in a court of competent jurisdiction in Franklin Coaniy, Ohio. SE['"TION XXIV - CAPTIQNS The captions in this Agreement are for the cQnvenience ofreference only and in no way define, limit, or describo the scope or intent of this Agreement or any part hereof and shall not be considered in any cunstruction hereof. P8ge a /