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3 . The undersigned shall require that the language of this certification <br /> be included in the award documents for all subawards at all tiers (including subcontracts, <br /> subgrants, and contracts under grants, loans, and cooperative agreements) and that all <br /> subrecipients shall certify and disclose accordingly. <br /> This certification is a material representation of fact upon which reliance was <br /> placed when this transaction was made or entered into. Submission of this certification is a <br /> prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 , U. S . <br /> Code. Any person who fails to file the required certification shall be subject to a civil penalty of <br /> not less than 510,000 and not more than S 100,000 for each such failure. <br /> (22) COPYRIGHT. PATENT AND TRADEMARK <br /> ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH <br /> THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE <br /> STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN <br /> CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY <br /> TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. <br /> (a) If the Recipient brings to the performance of this Agreement a pre-existing <br /> patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent <br /> or copyright unless the Agreement provides otherwise. <br /> (b) If any discovery or invention arises or is developed in the course of or as a <br /> result of work or services performed under this Agreement, or in any way connected herewith, the <br /> Recipient shall refer the discovery or invention to the Division for a determination whether patent <br /> protection will be sought in the name of the State of Florida. Any and all patent rights accruing <br /> under or in connection with the performance of this Agreement are hereby reserved to the State of <br /> Florida. In the event that any books, manuals, films, or other copyrightable material are produced, <br /> the Recipient shall notify the Division. Any and all copyrights accruing under or in connection <br /> with the performance under this Agreement are hereby transferred by the Recipient to the State of <br /> Florida. <br /> (c) Within thirty (30) days of execution of this Agreement, the Recipient shall <br /> disclose all intellectual properties relevant to the performance of this Agreement which he or she <br /> knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights <br /> and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose <br /> will indicate that no such property exists . The Division shall then, under Paragraph (b) , have the <br /> right to all patents and copyrights which accrue during performance of the Agreement. <br /> (23) LEGAL AUTHORIZATION <br /> 20 <br />