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(22) LOBBYING PROHIBITION <br />a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations <br />pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit <br />the expenditure of funds for the purpose of lobbying the Legislature, the Judicial Branch, or a State agency." <br />b. No funds or other resources received from FDEM under this Agreement may be used directly or <br />indirectly to influence Legislation or any other official action by the Florida Legislature or any State agency. <br />(23) COPYRIGHT, PATENT AND TRADEMARK <br />EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS <br />ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF <br />THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF <br />FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN <br />CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE <br />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 rights and <br />entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. <br />b. If any discovery or invention is developed in the course of or as a result of work or services <br />performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or <br />invention to FDEM for a determination whether the State of Florida will seek patent protection in its name. Any <br />patent rights accruing under or in connection with the performance of this Agreement are reserved to the State <br />of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify <br />FDEM. Any copyrights accruing under or in connection with the performance under this Agreement are <br />transferred by the Recipient to the State of Florida. <br />c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual <br />properties relating to the performance of this Agreement that he or she knows or should know could give rise to <br />a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual <br />property that is disclosed. Failure to disclose will indicate that no such property exists. FDEM shall then, under <br />Paragraph (b), have the right to all patents and copyrights that accrue during performance of this Agreement. <br />d. If the Recipient qualifies as a State University under Florida law, then, pursuant to section 1004.23, <br />Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole <br />property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more <br />employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint <br />inventions. FDEM shall retain a perpetual, irrevocable, fully paid, nonexclusive license, for its use and the use <br />of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the <br />Recipient, under this Agreement, for Florida government purposes. <br />13 <br />