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3 . The Recipient shall require that this certification be included in the award documents <br /> for all subawards ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements ) <br /> and that all subrecipients shall certify and disclose . <br /> This certification is a material representation of fact upon which reliance was placed when this <br /> transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into this <br /> transaction imposed by Section 1352 , Title 31 , U . S . Code . Any person who fails to file the required certification <br /> shall <br /> be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for each such failure . <br /> ( 21 ) COPYRIGHT , PATENT AND TRADEMARK <br /> ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF <br /> THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS <br /> ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY <br /> TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. <br /> ( a ) If the Recipient has a pre-existing patent or copyright , the Recipient shall retain all rights and <br /> entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise . <br /> ( b ) If any discovery or invention is developed in the course of or as a result of work or services <br /> performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention <br /> to the Division for a determination whether the State of Florida will seek patent protection in its name . Any patent <br /> rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida . If <br /> any books , manuals , films , or other copyrightable material are produced , the Recipient shall notify the Division . Any <br /> copyrights accruing under or in connection with the performance under this Agreement are transferred by the <br /> Recipient to the State of Florida . <br /> ( c ) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual <br /> properties relating to the performance of this Agreement which he or she knows or should know could give rise to a <br /> patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property <br /> which is disclosed . Failure to disclose will indicate that no such property exists . The Division shall then , under <br /> Paragraph ( b ) , have the right to all patents and copyrights which accrue during performance of the Agreement . <br /> ( 22 ) LEGAL AUTHORIZATION , <br /> The Recipient certifies that it has the legal authority to receive the funds under this Agreement and <br /> that its governing body has authorized the execution and acceptance of this Agreement. <br /> 12 <br />