Specifications
Page 17 of 22
Revised 7/23/14
32. No Intended Third Party Beneficiaries
The Contract is entered into solely for the
benefit of the County and the Contractor. No
third party shall be deemed a beneficiary of the
Contract and no third party shall have the right
to make any claim or assert any right under the
Contract.
33. Certification as to Relationships
The Contractor certifies under penalties of
perjury that, other than through the funds
provided in the Contract and other valid
agreements with the County, there is no known
spouse, life partner, business, commercial,
economic, or financial relationship with the
County or its elected officials. The Contractor
also certifies that there is no relationship within
the third degree of consanguinity, between the
County and Contractor or any of Contractor’s
partners, members, directors, or shareholders
owning five (5%) percent or more of the
Contractor,.
34. Publications And Publicity
A. The Contractor shall not issue or publish
any book, article, report, or other
publication related to the Products without
first obtaining written prior approval from
the County. Any book, article, report or
other publication or printed matter related
to the Services provided pursuant to this
Agreement shall contain the following
statement in clear and legible print:
“This publication is fully or partially
funded by the County of Suffolk”
B. The Contractor shall not issue press
releases or any other information to the
media, in any form, concerning the
Services, without obtaining prior written
approval from the County.
35. Copyrights And Patents
A. Copyrights: Any and all materials
generated by or on behalf of Contractor
while performing the Services (including,
without limitation, designs, images, video,
reports, analyses, manuals, films, tests,
tutorials, and any other work product of
any kind) and all intellectual property rights
relating thereto (“Work Product”) are and
shall be the sole property of the County.
Contractor hereby assigns to the County
its entire right, title and interest, if any, to
all Work Product, and agrees to do all acts
and execute all documents, and to use its
best efforts to ensure that its employees,
consultants, subcontractors, vendors and
agents do all acts and execute any
documents, necessary to vest ownership
in the County of any and all Work Product.
The Contractor may not secure copyright
protection. The County reserves to itself,
and the Contractor hereby gives to the
County, and to any other person
designated by the County, consent to
produce, reproduce, publish, translate,
display or otherwise use the Work. This
paragraph shall survive any completion,
expiration or termination of this
Agreement.
The County shall be deemed to be the
author of all Work. The Contractor
acknowledges that all Work shall
constitute “work made for hire” under the
U.S. copyright laws. To the extent that
any Work does not constitute a “work
made for hire,” the Contractor hereby
assigns to the County all right, title and
interest, including the right, title and
interest to reproduce, edit, adapt, modify
or otherwise use the Work, that the
Contractor may have or may hereafter
acquire in the Work, including all
intellectual property rights therein, in any
manner or medium throughout the world in
perpetuity without
compensation. This
includes, but is not limited to, the right to
reproduce and distribute the Work in
electronic or optical media, or in CD-ROM,
on-line or similar format.
B. Patents: If the Contractor develops,
invents, designs or creates any idea,
concept, code, processes or other work or
materials during the Term, or as a result of
any Services performed under the
Contract (“patent eligible subject matter”),
it shall be the sole property of the County.
Contractor hereby assigns to the County
its entire right, title and interest, if any, to
all patent eligible subject matter, and
agrees to do all acts and execute all
documents, and to use its best efforts to
ensure that its employees, consultants,
subcontractors, vendors and agents do all
acts and execute any documents,
necessary to vest ownership in the County
of any and all patent eligible subject
matter. The Contractor may not apply for
or secure for itself patent protection. The
County reserves to itself, and the
Contractor hereby gives to the County,