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e e into . Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 , Title 31 , U. S . Code . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10, 000 and not more than $ 100, 000 for each such failure . (23 ) Copyright, Patent and Trademark ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUBRECIPIENT TO THE STATE OF FLORIDA . (a) If Subrecipient brings to the performance of this Agreement a pre -existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise . (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, Subrecipient shall refer the discovery or invention to Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, Subrecipient shall notify Department . Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by Subrecipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright . Subrecipient shall retain all rights and entitlements to any pre- existing intellectual property which is so disclosed . Failure to disclose will indicate that no such property exists . Department shall then, under paragraph (b) , have the right to all patents and copyrights which accrue during performance of the Agreement . (24) Assurances . Subrecipient shall comply with all Statements of Assurance incorporated in Attachment A5 . (25) Legal Authorization . Subrecipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. Subrecipient also certifies that the undersigned possesses the authority to legally execute and bind Subrecipient to the terms of this Agreement. 14