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3. The Recipient shall require that this certification be included in the award <br /> documents for all subawards(including subcontracts, subgrants, and contracts under grants, loans, and <br /> cooperative agreements) and that all subrecipients shall certify and disclose. <br /> This certification is a material representation of fact upon which reliance was placed <br /> when this transaction was made or entered into. Submission of this certification is a prerequisite for <br /> making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who <br /> fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not <br /> 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 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 has a pre-existing patent or copyright, the Recipient shall retain all <br /> rights and 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 <br /> services performed under this Agreement, or in any way connected with it, the Recipient shall refer the <br /> discovery or invention to the Division for a determination whether the State of Florida will seek patent <br /> protection in its name. Any patent rights accruing under or in connection with the performance of this <br /> Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable <br /> material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in <br /> connection with the performance under this Agreement are transferred by the Recipient to the State of <br /> Florida. <br /> (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all <br /> intellectual properties relating to the performance of this Agreement which he or she knows or should <br /> know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any <br /> pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property <br /> exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which <br /> 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 <br /> Agreement and that its governing body has authorized the execution and acceptance of this Agreement. <br /> The Recipient also certifies that the undersigned person has the authority to legally execute and bind <br /> Recipient to the terms of this Agreement. <br /> 13 <br />