36.2  Grant of licences

Subject to section 36.3, the private party will grant government (and where necessary ensure the grant by third parties of) non-exclusive, irrevocable, perpetual, transferable and royalty-free licences with the right to sub-licence, use and exercise all IP rights in or used in the project including:

(a)  the design of the works and facility;

(b)  the design and construction documentation (including final design documentation);

(c)  methods of working and materials used in the construction, commissioning and completion of the works; and

(d)  operation, maintenance and handover of a part or the whole of the facility (including all technologies comprised in the facility109) ,

as required for government to exercise its rights under the project agreement (including its Step-in Rights) and, where applicable, to allow for the continuation of the project services following termination of the agreement or expiry of the Contract Term110 or for any other project involving the site.

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109 For example, information communication technologies or in the case of a tollroad, the tolling system.

110 Government may require that the licence to use IP developed for the project be assigned to government and able to be used in other projects.