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40 <br />40 <br />tD <br />also certifies that the undersigned possesses the authority to legally execute and bind <br />Recipient to the terms of this Agreement. <br />XVII. FQUIPMEN°i' A PERTY MAN GE ENT <br />If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees <br />to use said equipment for emergency management purposes only, and to properly <br />maintain and repair said equipment. Recipient shall establish adequate maintenance <br />procedures to keep the equipment in proper working condition. Recipient shall <br />establish a control system to insure adequate safeguards to prevent loss, damage or <br />theft of the equipment. Recipient shall prompt] 3, advise the Department of any loss, <br />damage or theft affecting said equipment, Recipient shall make this equipment <br />available to the Focal Emergency Management Agency established pursuant to Section <br />252.38, Florida Statutes, and to the State of Florida, upon request, in the event said <br />equipment is needed for emergency management purposes. Recipient shall not sell, <br />lease, rent, lend, encumber or dispose of said equipment without the written <br />permission of the Department. <br />XVIII. !COPYRIGHT. PATENT AND TRADEMARK <br />A. if the Recipient brings to the performance of this Agreement a pre-existing patent <br />or copyright, the Recipient shall retain all rights and entitlements to that <br />pre-existing patent or copyright unless the Agreement provides otherwise. <br />B. if any discovery or invention arises or is developed in the course of or as a result <br />of work or services performed under this Agreement, or in any way connected <br />herewith, the.Recipient shall refer the discovery or invention to the Department <br />for a determination whether patent protection will be sought in the name of the <br />State of Florida. Any and all patent rights accruing under or in connection with <br />the performance of this Agreement are hereby reserved to the State of Florida. In <br />the event that any books, manuals, films, or other copyrightable material are <br />produced, the Recipient shall notify the Department. Any and all copyrights <br />accruing under or in connection with the performance under this Agreement are <br />hereby reserved to the State of Florida. <br />D. Within thirty (36) days of execution of this Agreement, the Recipient shall <br />disclose all intellectual properties relevant to the performance of this Agreement <br />which he or she knows or should know could give rise .a a patent or copyright. <br />The Recipient shall retain all rights and entitlements to any pre-existing <br />intellectual property which is so disclosed. Failure to disclose will indicate that <br />no such property exists. The Department shall then, under Paragraph B., have the <br />right to all patents and copyrights which occur during performance of the <br />11 <br />