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Furthermore, nothing in this Agreement shall constitute a conveyance, grant or transfer of <br /> ownership of any pre- existing real, personal or intellectual property owned by any Party, and <br /> each Participating Agency shall continue to exercise exclusive ownership of any and all property <br /> and equipment previously constructed, installed or integrated within each respective <br /> Participating Agency's jurisdiction or rights -of -way. <br /> 4.2 Ownership of Data. <br /> Each Participating Agency shall own any and all Data collected by Components <br /> installed within its respective equipment or located within its respective jurisdiction or rights -of- <br /> way. Each Participating Agency hereby grants all other Parties to this Agreement a nonexclusive <br /> license to use, reproduce, distribute, display, and create derivative works based upon such Data <br /> for any non - commercial governmental function. <br /> 43 Ownership of Databases. <br /> CMA shall own any and all Databases compiled or generated from the Data, or <br /> otherwise residing on the ATMS Server. CMA hereby grants each Participating Agency a <br /> nonexclusive license to use, reproduce, distribute, display, and create derivative works based <br /> upon such Databases for any non - commercial governmental function. <br /> 4.4 Operational Expenses. <br /> Each Participating Agency shall be solely responsible for the maintenance, repair, <br /> replacement, and operating expenses of any kind associated with its ownership of its respective <br /> Components after the Launch Date. The Participating Agencies agree to operate and maintain <br /> their respective Components in accordance with any applicable manufacturers' specifications <br /> and warranty requirements and the O &M Manual. The Parties acknowledge and agree that the <br /> Participating Agencies shall have the right to delegate the performance of maintenance and <br /> repair obligations to Caltrans. CMA shall have no responsibility to pay any operating expenses <br /> incurred in connection with a Participating Agency's Components, including but not limited to <br /> maintenance and repair costs, parts, labor, insurance, licensing fees, Leased Communication <br /> Smart OM - Version 2 -10- <br />