(a) The Grant Recipient bears the responsibility for
licensing activities including identification of potential licensees,
negotiation of License Agreements, documentation of the progress and
development under a License Agreement, monitoring the performance
of the licensee, and taking commercially reasonable actions to enforce
the terms of the License Agreements.
(b) Each License Agreement for Project Results entered
into by the Grant Recipient shall include an acknowledgement by the
licensee that such License Agreement is subject to the Institute's
licenses, interests and other rights, if any.
(c) Nothing herein prohibits the Grant Recipient from
negotiating an exclusive License Agreement for Project Results if
exclusivity is reasonably believed by the Grant Recipient to provide
an economic incentive necessary for achieving commercial development
and availability of the Project Results. The Grant Recipient shall
take reasonable action to enforce the terms of the exclusive license
and report any default notice to the Institute.
(d) A not-for-profit Grant Recipient negotiating exclusive
or non-exclusive License Agreements shall seek to retain the right
to exploit the use of its Project Results and utilize the same for
its non-commercial purposes.
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