2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA    28 APRIL 2015




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                          28 APRIL 2015

            7.1 Intellectual Property in Council Material
               a) The Council will retain ownership of all Council Material, including Intellectual Property in
                  that Council Material, but grants NBRF a royalty-free world wide, non-exclusive licence,
                  (including a right of sub-licence to a third party), to use, reproduce, adapt and exploit the
                  Council Material on the condition that this licence is only granted for the purposes of this
                   Deed.
               b) The above mentioned licence may be terminated by the Council immediately upon written
                  notice on the occurrence of any of the following events:
                             i. The Public Trust or NBRF becomes insolvent, subject to administration,
                               unable to meet its debts or the NBRF decides to wind up the Public Trust or
                               itself for any reason whatsoever; or
                            ii. The Council forms the reasonable view that either the Public Trust or the
                                NBRF is insolvent; or
                            ili, The Council forms the reasonable view that either the Public Trust or the
                               NBRF is in breach of the terms of the trust deed which created the Public
                               Trust where that breach is not, in the opinion of the Council, capable of
                                remedy; or
                            iv. The Council forms the reasonable view that the NBRF is in breach of any
                                provision of its own constitution or any provision of this Deed where that
                               breach is not, in the opinion of the Council, capable of remedy.
                  The Council may also terminate the above mentioned licence on the occurrence of any of
                  the following events:
                            v. The Council forms the reasonable view that either the Public Trust or the
                               NBRF is in breach of the terms of the trust deed which created the Public
                               Trust where such breach is capable of remedy and NBRF fails to remedy that
                                breach within thirty (30) days, or such longer period as Council stipulates,
                               after receiving notice from the Council requiring it to do so; or
                            vi. The Council forms the reasonable view that the NBRF is in breach of any
                                provision of its own constitution or any provision of this Deed where that
                               breach is capable of remedy and NBRF fails to remedy that breach within
                               thirty (30) days, or such longer period as Council stipulates, after receiving
                                notice from the Council requiring it to do so.
               ¢) Council may, pursuant to the above licence, authorise the use of any Council Logo by the
                  NBRF in such manner and subject to such conditions as the Council deems appropriate in its
                  absolute discretion subject to it retaining full ownership of the Council Logo. NBRF agrees
                  that any Council Logo is not to be used unless expressly approved in advance and in writing
                   by the Council.
               d) Upon the conclusion of the term of this Deed or an earlier termination of this Deed, NBRF
                   will not retain any Council Material remaining in NBRF’s possession and will immediately

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

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