those contained in media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied
to Lighting Contractor in the performance of its obligations under this contract shall be the
exclusive property of the City and all such materials shall be remitted and delivered, at Lighting
Contractor's expense, by Lighting Contractor to the City upon completion, termination, or
cancellation of this contract. Alternatively, if the City provides its written approval to Lighting
Contractor, any books, reports, studies, photographs, negatives or other documents, data,
drawings or other materials including but not limited to those contained in media of any sort
(e.g., electronic, magnetic, digital) prepared by or supplied to Lighting Contractor in the
performance of its obligations under this contract must be retained by Lighting Contractor for a
minimum of four years after final payment is made and all other pending matters are closed. If,
at any time during the retention period, the City, in writing, requests any or all of the materials,
then Lighting Contractor shall promptly remit and deliver the materials, at Lighting Contractor's
expense, to the City. Lighting Contractor shall not use, willingly allow or cause to have such
materials used for any purpose other than the performance of Lighting Contractor's obligations
under this contract without the prior written consent of the City.
22. PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS. Lighting Contractor expressly
agrees that all documents ever submitted, filed, or deposited with the City by Lighting Contractor
(including those remitted to the City by Lighting Contractor pursuant to paragraph 21), unless
designated as confidential by a specific statue of the State of New Hampshire, shall be treated as
“public records and shall be available for inspection and copying by any person, or any
governmental entity.
No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Lighting Contractor in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Lighting Contractor. The City shall have the right to reproduce any such
materials.
Lighting Contractor expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any
claims, demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City or any of its officers or employees, in either
their official or individual capacity, for violations of or infringement of the copyright or patent
laws of the United States or of any other nation. Lighting Contractor agrees to indemnify, to
defend, and to hold harmless the City, its representatives, and employees from any claim or
action seeking to impose liability, costs, and attorney fees incurred as a result of or in connection
with any claim, whether rightful or otherwise, that any material prepared by or supplied to
Lighting Contractor infringes any copyright or that any equipment, material, or process (or any
part thereof) specified by Lighting Contractor infringes any patent.
---——— ——-Lighting-Contractor shall have-the-right;in-order-to-avoid-such-claims:or-actions; to-substitute at
its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.
AS
GC 11 of 13
