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businesses, women's business enterprises, and labor surplus area firms are used when possible. M. License and Delivery of Works Subject to Copyright and Data Rights: The CONSULTANT grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the CONSULTANT will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the CONSULTANT will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ,,.•••••••.,, Consultant: By ` Name David P. Andre, P.E. Title President Date 01/10/24 Wit s: r B �— Printed Name Dale Majewski y Gph� ...... . INDIAN RIVER COUNTY By ' oa d of County C mis 'oner = S an ams, Chairma Date Approved by BCC: January 9, 2024 Attest: Ryan L. Butler, Clerk of Court And ptroller, By O/D a& De uty Clerk Appr d: ,Mhn A. Ti anich, Jr., County Administrator 2023o6i Agreement -14