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3 The Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in Subparagraphs (21)(b)1. and 2., Lobbying Prohibition, above. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Subrrnssion of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. � 1352. Any person who fails to file the required certification shall be subject i to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. i (22) Copyright, Patent and Trademark i 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 i performance of this agreement are hereby transferred by the Recipient to the State of Florida. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. i (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books,manuals, films,or other copyrightable material are produced, the Recipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty (30) calendar days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright._The Recipient 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. DEO shall then,under Subparagraph (22)(b), Copyright, Patent and Trademark,have the right to all patents and copyrights which accrue during performance of the Agreement. (23) Legal Authorization i The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind the Recipient to the terms of this Agreement. DEO may, at its discretion,request documentation evidencing the undersigned has authority to bind the Recipient to this Agreement as of the date of execution;any such documentation is incorporated herein by reference. The Recipient warrants that, to the best of its knowledge, there is no pending or threatened action,proceeding,investigation, or any other legal or financial condition that would in any way prohibit,restrain, or diminish the Recipient's ability to satisfy its Agreement obligations. The Recipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of the Agreement. Rev. 09/03/2015 12