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complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its <br /> instructions. <br /> 3. The undersigned shall require that the language of this certification be included <br /> in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts <br /> under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose <br /> accordingly. <br /> This certification is a material representation of fact upon which reliance was placed when <br /> this transaction was made or entered into. Submission of this certification is a prerequisite for making or <br /> entering into this transaction imposed by Section 1352 , Title 31 , U. S. Code. Any person who fails to file the <br /> required certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $100,000 <br /> for each such failure. <br /> (22) COPYRIGHT, PATENT AND TRADEMARK <br /> ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE <br /> PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. <br /> ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE <br /> OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF <br /> FLORIDA. <br /> (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or <br /> copyright the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless <br /> the Agreement provides otherwise. <br /> (b) If any discovery or invention arises or is developed in the course of or as a result of <br /> work or services performed under this Agreement, or in any way connected herewith, the Recipient shall <br /> refer the discovery or invention to the Division for a determination whether patent protection will be sought <br /> in the name of the State of Florida. Any and all patent rights accruing under or in connection with the <br /> performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, <br /> manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any <br /> and all copyrights accruing under or in connection with the performance under this Agreement are hereby <br /> transferred by the Recipient to the State of Florida. <br /> (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all <br /> intellectual properties relevant to the performance of this Agreement which he or she knows or should know <br /> could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- <br /> existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property <br /> 19 <br />