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10.ACCESS TO PRODUCED MATERIALS <br />For the purposes of this Agreement, the term "Produced Materials" refers to all intellectual <br />property, whether copyrighted or not, including but not limited to productions, displays, <br />exhibits, books, articles, transcripts, films, tapes, and other electronic media which are <br />produced by Grantee or by participants enlisted by Grantee as a result of/in the performance <br />of activity funded under this grant. <br />Grantee understands and agrees that the purpose of all grant activity is to inform and <br />educate members of the public on the broad areas of public concern with which this Project <br />was intended to deal. Toward this end, California Humanities and Grantee agree to engage <br />in a relationship of good faith and cooperation to ensure that all Produced Materials will be <br />reasonably available to California Humanities. <br />California Humanities reserves a royalty-free, nonexclusive, and irrevocable right to <br />reproduce, publish, or otherwise use any Produced Materials, including copyrighted <br />material, created and delivered in the performance/arising out of grant activities for non- <br />profit educational purposes. However, California Humanities’ use of Produced Materials is <br />not intended to interfere with or disadvantage Grantee in the sale and distribution of the <br />award product. <br />This provision is subject to, modified by, and supplemented by any additional provisions in <br />this Agreement covering use of rights to all Produced Materials. <br />11.COPYRIGHT <br />Grantee may copyright any work that is subject to copyright and was developed, or for which <br />ownership was purchased, under the grant. <br />If ownership and/or copyright of produced materials are claimed by any person other than <br />Grantee such as scriptwriter, editor, consultant, filmmaker, author, or lecturer, Grantee <br />agrees to take any action that shall be necessary to ensure that California Humanities retains <br />all rights that would accrue to California Humanities under this Agreement if copyright was <br />fully vested in Grantee. Grantee agrees to conduct its activities in such a manner and to <br />make such agreements with any other persons wishing to copyright produced materials to <br />ensure that California Humanities will continue to be able to exercise freely all its rights <br />under the provisions of this Agreement. <br />In the event that Grantee transfers copyright or ownership of any produced materials for <br />distribution or for any other purpose, Grantee agrees to take any action that shall be <br />necessary to ensure that California Humanities shall continue to be able to freely exercise all <br />rights reserved under this Agreement. <br />If Grantee in transferring copyright or in allowing copyright to vest in any other person fails <br />to fully protect the rights reserved to California Humanities under this Agreement, then <br />Grantee agrees to indemnify and hold California Humanities harmless from any claims, <br />actions, liabilities, losses, or expenses for which California Humanities might otherwise be <br />held responsible resulting from infringement in the use of material, invasion of privacy, <br />libel, breach of contract, or third party indebtedness.