2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   12 JUNE 2018




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              12 JUNE 2018

       d)   Unless otherwise expressly exempted in writing by the Council, the NBRF will not
            grant a third party sub-licence with a fixed term of greater than 3 years but may grant
            an option or options to extend that term subject to the provisions of clause 8.2 f) iii.
       e)   The NBRF hereby acknowledges that the Council Material is the Intellectual Property
            of the Council and shall act only in good faith when dealing with the Council Material in
            order to best preserve the Council’s Intellectual Property.
      f)    The NBRF agrees that it will procure every sub-licence of the Council Material that it
            grants pursuant to the Deed, unless it has received an express written exemption from
            the Council to do otherwise, to include in those sub-licences the following:
            i)    An acknowledgement that the Intellectual Property in, the Council Material is
                  owned by the Council and that the sub-licensing .of the Council Material is
                  provided with the consent of the Council according,4o this Deed;
            ii)   The Trade Mark, wherever used by a third party sub-licensee must appear with
                  the expression ® unless expressly advised otherwise in writing by the Council;
            iii) | Any licence granted by NBRF which grants the third party’sub-licensee an option
                  or options to extend the term ofthe’ sub-licence must be stated to be
                  unenforceable and invalid if the Couneil’s licence of its Intellectual Property in the
                  Council Material to NBRF has been terminated fof any reason prior to the proper
                  exercise of that option by the third party sub-licensee; and
            iv)   Any other condition, limitation or restriction on the third party sub-licence that the
                  Council deems reasonably nécessary to include in such a sub-licence to perfect,
                  restore or preserve its Intellectual Property in the Council Material.
       g)   In order to ensure the application of the above.provisions, NBRF will provide to the
            Council copies of anysproposed sub-licenses to third,parties granted pursuant to this
            Deed in advance of execution for the Cotneil’s approval, unless the Council expressly
            advises in writing otherwise.
       8.3   Intellectual property in NBRF program material
       a) Subject to this clause intellectual Propenty. in NBRF Program Material vests immediately
          in NBRFY
       b) NBRF grants to the Council a permanent, irrevocable, royalty-free, worldwide, non-
          exclusive licence (including aright of sub-licence) to use, reproduce, communicate,
          adapband exploit the Intellectual Property in the NBRF Program Material.
       8.4   Dealing with intellectual property
       NBRF warrants that it is/entitled, or will be entitled at the relevant time, to deal with the
       Intellectual Property, in’ both the Council Material and the NBRF Program Material in
       accordance with this clause 8.
       8.5   Consent to specified acts
       NBRF agrees:
       a) To obtain from each author of any NBRF Program Material a written consent to the
          Specified Acts (whether occurring before or after the consent is given) which extends
          directly or indirectly to the performance of the Specified Acts by the Council or any
          person claiming under or through the Council;
       b) To obtain from each author of any NBRF Program Material a written consent to the
          Specified Acts (whether occurring before or after the consent is given) which extends

       Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council               Page 10

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