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FWC Agreement No. 18101 <br />A. Intellectual and Other Intangible Property. <br />i. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically <br />addressed in the Attachment A, Scope of Work, intellectual and other intangible property <br />rights to the Grantee's preexisting property will remain with the Grantee. <br />ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, <br />licensing, marketing or other authorization related to any intellectual and other intangible <br />property right created or otherwise developed by the Grantee under this Agreement for the <br />Commission shall be handled in the manner specified by the applicable Florida State <br />Statute and/or Federal program requirements. <br />iii. Commission Intellectual Property Rights. Where activities supported by this Agreement <br />produce original writing, sound recordings, pictorial reproductions, drawings or other <br />graphic representations and works of any similar nature, the Commission and the State of <br />Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate <br />and disclose such materials in whole or in part, in any manner, for any purpose whatsoever <br />and to have others acting on behalf of the Commission to do so. If this Agreement is <br />supported by federal funds, the federal awarding agency reserves a royalty -free, <br />nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for <br />federal purposes, and to authorize others to do so. <br />B. Purchase or Improvement of Real Property <br />This agreement is not for the purchase or improvement of real property, therefore, the following <br />terms and conditions do not apply. <br />i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real <br />property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, <br />OMB Uniform Guidance (2 CFR 200), as amended. <br />ii. Title. If this agreement is supported by state funds, the Grantee shall comply with Section <br />287.05805, F.S. This section requires the Grantee to grant a security interest in the property <br />to the State of Florida, the type and details of which are provided for in Attachment A, <br />Scope of Work. Title to state-owned real property remains vested in the state. Title to <br />federally -owned real property remains vested in the Federal government in accordance <br />with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. <br />iii. Use. Federally -owned real property will be used for the originally authorized purpose as <br />long as needed for that purpose in accordance with Section 200.311, OMB Uniform <br />Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment <br />A, Scope of Work. <br />C. Non -Expendable Property. The following provisions apply to the extent that the grant allows the <br />acquisition of non -expendable property. <br />i. Non -Expendable Property Defined. For the requirements of this section of the <br />Agreement, "non -expendable property" is the same as "property" as defined in Section <br />273.02, F.S. (equipment, fixtures, and other tangible personal property of a non- <br />consumable and non -expendable nature, with a value or cost of $1,000.00 or more, and a <br />normal expected life of one (1) year or more; hardback -covered bound books that are <br />GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Page 7 of 20 <br />