(9)AR 042109 AGRMT Clinical Laboratory of San Bernardino, Inc.

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3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: City: Clinical Laboratory of San Bernardino, Inc. P.O. Box 329 San Bernardino, CA 92402 Attn: Bob Glaubig Laboratory Director City of Colton Utilities Department 160 S. 10' St. Colton, CA 92324 Attn: Eric Fraser, P.E. Director of Water & Wastewater Operations Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the parry at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Laboratory under this Agreement ("Documents & Data"). Laboratory shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Laboratory represents and warrants that Laboratory has the legal right to license any and all Documents & Data. Laboratory makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Laboratory or provided to Laboratory by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Laboratory in connection with the RVPUB\NGS\529334 8 (BBK revised July 2, 2001