Basic HTML Version
50
5.
Evaluation Reports and Participant Comments. The Parties understand,
acknowledge and agree that the end product of the Program will be an Evaluation Report for the
Product submitted for testing, and the Evaluation Report will be submitted to the Maryland Port
Administration (MPA) and the Maritime Administration (MARAD) posted and will be publicly
available on MERC’s website. By executing this Agreement, the Parties understand,
acknowledge and agree as follows:
(a)
MERC will prepare the Evaluation Report for each Product, according to
criteria set forth in the Evaluation Protocols;
(b)
MERC will provide the Participant by e-mail or facsimile, as the
Participant directs, a copy of the Evaluation Report thirty (30) days before
MERC posts the Evaluation Report on the MERC website;
(c)
MERC will post the Evaluation Report on its website without amendment,
although MERC reserves the right to correct typographical and
grammatical errors; and
(d)
upon request from the Participant in writing, MERC may decide to include
comments submitted by the Participant, up to two page in length, as an
appendix to the Evaluation Report, but the decision to include or not to
include any such Participant comments lies exclusively with MERC and at
its sole discretion.
5.
Ownership, Delivery, and Maintenance of the Product(s). The Parties
understand, acknowledge and agree that the Product(s) shall at all times remain the property of
the Participant. The Participant warrants that it has good title to the Product(s) and that the
Product(s) do not infringe upon any patents, copyrights or other intellectual property rights of a
third party. The Participant agrees to deliver the Product(s) to MERC, at its offices or as
otherwise agreed, in new condition and good working order. Upon acknowledging receipt of the
Product(s) from the Participant, MERC shall utilize the Product(s) as necessary to carry out the