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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. SUTLER, CLERK <br />FWC Agreement No. 24086 <br />Section 12. PROPERTY RIGHTS. <br />If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, Office of <br />Management and Budget (OMB) Uniform Guidance (2 CFR 200), and any language addressing Federal <br />rights, apply. <br />A. Intellectual and Other Intangible Property. <br />Recipient's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically <br />addressed in Attachment A, intellectual and other intangible property rights to the <br />Recipient's preexisting property will remain with the Recipient. <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 Recipient under this Agreement for the <br />Commission shall be handled in the manner specified by the applicable Florida State Statute <br />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 terms and <br />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 Recipient shall comply with Section <br />287.05805, F.S. This section requires the Recipient to grant a security interest in the <br />property to the State of Florida, the type and details of which are provided for in Attachment <br />A. Title to state-owned real property remains vested in the state. Title to federally owned <br />real property remains vested in the Federal government in accordance with the provisions of <br />Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page I 1 of 34 <br />