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3 . The Recipient shall require that this certification be included in the <br /> award documents for all subawards ( including subcontracts , subgrants , and contracts under <br /> grants , loans , and cooperative agreements ) and that all subrecipients shall certify and disclose . <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 $ 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 <br /> PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF <br /> FLORIDA . ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH <br /> THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE <br /> RECIPIENT TO THE STATE OF FLORIDA . <br /> ( a ) If the Recipient has a pre-existing patent or copyright, the Recipient shall <br /> retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement <br /> provides otherwise . <br /> ( b ) If any discovery or invention is developed in the course of or as a result of <br /> work or services performed under this Agreement , or in any way connected with it , the Recipient <br /> shall refer the discovery or invention to the Division for a determination whether the State of <br /> Florida will seek patent protection in its name . Any patent rights accruing under or in connection <br /> with the performance of this Agreement are reserved to the State of Florida . If any books , <br /> manuals , films , or other copyrightable material are produced , the Recipient shall notify the <br /> Division . Any copyrights accruing under or in connection with the performance under this <br /> Agreement are transferred by the Recipient to the State of Florida . <br /> ( c) Within thirty days of execution of this Agreement , the Recipient shall disclose <br /> all intellectual properties relating to the performance of this Agreement which he or she knows or <br /> should know could give rise to a patent or copyright: The Recipient shall retain all rights and <br /> entitlements to any pre -existing intellectual property which is disclosed . Failure to disclose will <br /> indicate that no such property exists . The Division shall then , under Paragraph ( b ) , have the right <br /> 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 <br /> this Agreement and that it' s governing body has authorized the execution and acceptance of this <br /> Agreement . The Recipient also certifies that the undersigned person has the authority to legally <br /> execute and bind Recipient to the terms of this Agreement . <br /> ( 23 ) ASSURANCES . <br /> The Recipient shall comply with any Statement of Assurances incorporated as <br /> Attachment F . <br /> Page 13 of 50 <br />