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

                       return all physical expressions of the Council Material to the Council and will destroy any
                       electronic copies thereof, unless the Council notifies NBRF otherwise in writing.
                   e)  NBRF agrees to keep safely Council Material provided to NBRF for the purposes of this Deed
                       and to abide by any obligations of privacy and confidentiality to which Council may be bound
                       in law.
                   f)  Any adaptations, variations or extensions made to the Council Material during the term of
                       the above mentioned licence or any sub-licence shall become, upon is creation, the property
                       (including Intellectual Property) of the Council.

               7.2.   Obligations on NBRF
                       a)  NBRF will immediately do all such things, take such reasonable steps, execute any
                           documents and follow such reasonable directions as the Council from time to time
                           reasonably requests in order to perfect, record or preserve the Intellectual Property in
                           the Council Material and this will include, but is not limited to, including such conditions,
                           limitations or restrictions in any sub-licences granted by NBRF pursuant to this Deed that
                           the Council deems reasonably necessary to perfect, record or preserve the Intellectual
                           Property in the Council Material.
                       b)  The Council shall have the right to take action against any third parties to prosecute or
                           defend legal proceedings including proceedings for an infringement of the Intellectual
                           Property in the Council Material. If the NBRF becomes aware of any infringement or
                           suspected infringement it will promptly inform the Council and will provide all
                           reasonable assistance (excluding financial contribution to such proceedings) in any legal
                           proceedings for the defence or prosecution of the Intellectual Property.
                       c)  Unless otherwise expressly exempted in writing by the Council, the NBRF will ensure
                           that any licensed use of the Trade Mark in any context shall appear with the symbol ®.
                           In the event that the Council decides to lodge a certification mark application in relation
                           to the Trade Mark, the NBRF will provide all reasonably requested documentary and
                           other support necessary to support that application including the provision by the NBRF
                           of financial support of that application to the extent that the parties may mutually
                           agree. In the event that registered certification mark status is granted for the expression
                           “Noosa Biosphere”, the expression “Trade Mark” as it appears in this Deed shall also
                           include a reference to that certification mark and the Deed shall be interpreted
                           accordingly.
                       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 7.2 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:

               Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council                      Page 11

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