Data Sharing Agreement - University of Notre Dame - Better Paving Practices through Data Analysis and Modeling

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DATA SHARING AGREEMENT University of Notre Dame and City of South Bend This Data Sharing Agreement (the "Agreement") is entered into on May 8, 2018 by and between City of South Bend, Indiana (the "City"), a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through the Board of Public Works ("BPW) and the University of Notre Dame ("Noire Dame"), an Indiana not -for -profit corporation, each individually referred to herein as a "Party" and collectively as the "Parties". RECITALS WHEREAS, City wishes to provide its data to Notre Dame for the scope of worked attached hereto as Exhibit A (the "Project"); WHEREAS, both Parties believe and represent that the activities conducted by the City do not involve data that would explicitly or implicitly make Notre Dame an agent of the City or otherwise create a situation in which Notre Dame would be considered a state actor; NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties hereto hereby agree as follows: 1. PRINCIPAL CONTACTS. (a) Notre Dame's supervisor for the Project will be Sonia Howell (the "Project Supervisor"). The Project Supervisor will be responsible for the conduct of the Project. Notre Dame shall give City written notice of any change to its supervisor. (b) City's principal contact for the Project is Santiago Garces. City shall give Notre Dame written notice of any change to its principal contact. 3. TERM. This Agreement is effective for the period May 8, 2018 through May 8, 2019, unless sooner terminated in accordance with Section b, Termination, of this Agreement. Notre Dame is not obligated to perform any work beyond the termination or expiration date of this Agreement. 4. PROJECT OUTCOMES. (a). Notre Dame will own all intellectual property created or generated in the course of performing the Project, including any software applications ("Software"), inventions (whether or not patentable) conceived, made, developed, or reduced to practice and all rights therein (collectively, "Developed IP"). Developed IP does not include data sets prepared or otherwise generated directly from Confidential Information or any other City data provided by City hereunder, or any reports that are deliverables to City pursuant to the Project conveying research outcomes, suggestions and/or solutions pertaining to City's identified problem(s).