and warranty is or becomes untrue. Summary Statement: This change is being made to recognize that a Contractor may sometimes wish to include another party’s materials in the deliverables and to confirm that the Contractor has the necessary rights to do so. Section 6.4 Upon any Incorporated Material being embedded or incorporated in the Produced Material and to the extent that it remains so embedded or incorporated, the Contractor grants to the Province: a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify and distribute that Incorporated Material; and the right to sublicense to third-parties the right to use, reproduce, modify and distribute that Incorporated Material. Upon any Incorporated Material being embedded or incorporated in the Produced Material and to the extent that it remains so embedded or incorporated, the Contractor grants to the Province: a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to exercise, in respect of that Incorporated Material, the rights set out in the Copyright Act (Canada), including the right to use, reproduce, modify, publish and distribute that Incorporated Material; and the right to sublicense or assign to any or all of the rights granted to the Province under section 6.4(a) to use, reproduce, modify and distribute that Incorporated Material. The additional wording gives the Province broader rights to use the Incorporated Material as part of the Produced Material, as well as the ability to pass these rights on to others. These changes have been made as a result of recent clarifications in copyright law, and ensure that the Province has unhampered use of the Produced Material as a whole, including the ability to publish any Incorporated Material included in the Produced Material and to communicate such material to the public – e.g. through Internet streaming. This change does not impact the ongoing need to consider, from a privacy perspective, what information can be made public.
the Agreement may be assigned by the Province and by the Contractor. Section 13.8 Sections 2.9, 3.1 to 3.4, 3.7, 3.8, 5.1 to 5.5, 6.1 to 6.5, 7.1, 7.2, 8.1, 9.1 to 9.3, 9.5, 9.6, 9.9, 10.1 to 10.3, 11.2, 11.3, 11.5, 11.6, 12.1 to 12.3, 13.1, 13.2, 13.8, and 13.10, any accrued but unpaid payment obligations, and any other sections of this Agreement (including schedules) which, by their terms or nature, are intended to survive the completion of the Services or termination of this Agreement, will continue in force indefinitely, even after this Agreement ends. Sections 2.9, 3.1 to 3.4, 3.7, 3.8, 5.1 to 5.5, 6.1 to 6.5, 7.1, 7.2, 8.1, 9.1 to 9.3, 9.5, 9.6, 9.9, 10.1 to 10.3, 11.2, 11.3, 11.5, 11.6, 12.1 to 12.3, 13.1, 13.2, 13.8, and 13.10, any accrued but unpaid payment obligations, and any other sections of this Agreement (including schedules) which, by their terms or nature, are intended to survive the completion of the Services or termination of this Agreement, will continue in force indefinitely subject to any applicable limitation period prescribed by law, even after this Agreement ends. This change is to explicitly state that the survival of various sections under this provision (such as the indemnity in section 9.1) is not intended to have the effect of contracting out of any applicable statutory limitation periods for the bringing of legal proceedings such as those contained in the BC Limitation Act. Summary Statement: This change clarifies that section 13.8 is subject to any applicable limitation periods in the BC Limitation Act or other legislation.