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2018-178B
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2018-178B
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Last modified
1/4/2021 12:10:04 PM
Creation date
9/24/2018 2:54:48 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Grant
Approved Date
09/18/2018
Control Number
2018-178B
Agenda Item Number
12.C.1.
Entity Name
FEMA Federal Emergency Management Agency
Subject
Wildfire Hazard Mitigation Grant Program Award
Hurricane Matthew
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(24)COPYRIGHT, PATENT AND TRADEMARK <br />EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING <br />UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY <br />RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER <br />OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY <br />TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. <br />a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall <br />retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides <br />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 Sub -Recipient shall refer <br />the 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 Sub -Recipient shall notify the Division. Any copyrights accruing under or in <br />connection with the performance under this Agreement are transferred by the Sub -Recipient to the State <br />of Florida. <br />c. Within thirty days of execution of this Agreement, the Sub -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 Sub -Recipient shall retain all rights and entitlements to <br />any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such <br />property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and <br />copyrights which accrue during performance of the Agreement. <br />d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant <br />to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - <br />Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is <br />inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, <br />undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - <br />paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted <br />or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida <br />government purposes. <br />(25)LEGAL AUTHORIZATION. <br />The Sub -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 Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind <br />Sub -Recipient to the terms of this Agreement. <br />20 <br />
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