MEMORA]VDUM

OF AGREEMEAIT
This Memorandum
of Agreement
is made effective
as of the t
-
duy ofE:113--.-
,2013
between the NoRTH CAROLINA
DEPARTMENT
OF CILTITRAL
RESOURCES
[hereinafter
"DCR"I,
and the FRiENDS
OF THE
QUEEN
AlwE'S
REvENcE[hereinafter.,Friends,,l.
RECITALS
WHEREAS,
DCR is an agency of the state of North carolina pursuant
to the provisions
of the Executive
organtzation Act of 1973, G.s.
$g
r 508-49 to
_135;
and
WHEREAS,
the Friends are a non-profit
corporation,
established pursuant
to Section
554-36 of the North carolina Non-Profit
colporation
Act, whose sole purpose
is to be an
independent
support organization for the
Queen
Anne's Revenge
shipwreck
project,
consistent
with the bylaws of the Friends and in such marurer as the Friends
deem appropriate,
including
providing
financial support aad services that benefit DcR and its office of state Archaeology
fhereinafter
"OSA"];
and
WHEREAS'
the relationship
between
osA and the Friend,s-has
provided
benefits
to the
citizens of North carorina" incruding financiar
support by the Friends;
and
TIIEREFORE,
DCR and the Friencls agree as follows:
1' DCR and the Friends desire to produce
a web series to educate viewers
about
underwater
archaeology
and all aspects of the exploration,
recovery,
and c'nservation
of the
Queen
Anne's Revenge.
2' DCR a''d the Friends
also desire
to develop
scholastic
educational
packets,
entitled "Arghaeology
Lesson Plans," meeting
corunon
core educationai
standards
to be used in
conjunction
with the web series to provide
students
with real world archaeological
experiences
needed for success in college and careers.
3' DcR owns and has access to the
QueenAnne's Revengeshipwreck
and artifacts,
and employs
educated and experienced persomel
involved
in the recovery
and conservation
of
the artifacts.
4'
The Friends have the knowledge
and resources
to produce
the educational
web
series and develop
scholastic educational
packets
[hereinafter,.Educational
Materials,,].
5' The Friends
may produce
and develop,
or enter into a confract
to produce
and
de'elop,
the Educational
Materials, for broadcast
and dissemination
by DCR.
6' Any contract entered into by the Friends for the production
or development
of the
Educational Materials shall contain the following
language:
The cop'igh(s)
in arry tangible
work-product
and tangible expression ("Work")
created pursuant
to this MOA, at whatever
state
of completion,
shall be owned by the Friends, as the creator/author
of the work, as a
..work
made
for hire" as defined in section l0l of Title 17 of the united
states code, and/or by specific
assignment of all interests in the work by execution
of this contract.
7 ' when the Educational Materials
have been completed
or upon the termination
of
any contract the Friends enter into for the prod.uction
and development
of the Educational
Materials' whichever
occurs ftst, the Friends shall assign to DcR all interests
in any tangible
work-product
and tangible expression created pursuant
to this MoA.
8' DCR maintains the exclusive right to broadcast
and disribute the Educational
Materials, in whatever state of completion.
9' DCR agrees to give the Friends access to, at the Friends
sole expense, whatever
employees and properfy,
real or personal,
that DCR deems necessary
for the production
and
development
of the Educational Materials.
l0' The Friends agree that it shall be responsible
for the proper
custody and care of
any property
furnished or accessed
by it for use in connection
with the perfornance
of this
MoA, a''d will reimburse
the state for ross of damage
of such property.
11. Friends shall hord and save the state, its officers, agents,
and employees,
including DCR, harrnless
from tiabilify
of any kind, inclurting
ali claims
and losses accruing
or
resulting
to any other person,
firm, or corporation
fi.rmishing
or supplying
work, services,
materials,
or supplies in connection with the performance
of this MoA, and from any and all
claims and iosses accruing
or resulting
to any person,
firrr, or corporation
that may be injured or
damaged by the Friends in' the perfor,rnance
of this. conkact
and that are atbibutable
to the
negligence
or intentionally
tortious acts of the Friends provided
that the Friends
are notified in
writing with;" 30 days that the state has knowledge
of such claims.
The Friends
represent
and
warrant that it shall make no claim of any kind or nature against
the State,s agents who are
in'olved in the delivery or processing
of the Friends goods
to the state. The representation
and
warranty
in the preceding
sentence shall survive the termination
or expiration
of this contract.
State
Archaeolosist
STATE
OF NORTH
CAROLD{A
coLINry
or
l,Jo Ke
_
_ Ibe foreeoing
was acknowledsed-befbr:^T^fl"j,_qday
9f
Au{u: i- . 2013,
H"
emproyee
of G'ate
orNontr
Earorioq
on behalf
of
My Commission
Expires:
^ r I
r u l z l
I t l
-
STATE
OF NORTH
CAROLD,IA
COLINTY
OF WAKE
The foregoing
was acknowredged
before
me this
xie.I:r.*gort_
,20r3,by
susan w' K.luttz,
secretary
of the Norih
c*"ii""brpffi;;,
uurfurafResources.
iVIy Commission
Expires:
I r
t o / 2 r
l 1 1
OTARY
PUELrc
susAN
w ruDrrz.
s
tqoT4gJ_
a
P{Ygttc
DP.pr*.,S
4I4rz--e-L<-_
,
P,residept (
or Chairman
STATE
OF NoqTH
C
coLiNTY
OF
.' *of-
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\ )
My Commission
Expires:
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