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(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or <br />copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright <br />unless the Agreement provides otherwise. <br />(b) If any discovery or invention arises or is developed iii the course of or as a result of work <br />or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer <br />the discovery or invention to the Department for a determination whether patent protection will be sought <br />in the name of the State of Florida. Any and all patent rights accruing under or in connection with the <br />performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, <br />manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. <br />Any and all copyrights accruing under or in connection with the performance under this Agreement are <br />hereby 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 <br />intellectual properties relevant to the performance of this Agreement which he or she knows or should <br />know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any <br />pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such <br />property exists. The Department shall then, under Paragraph (b), have the right to all patents and <br />copyrights which occur during performance of the Agreement. <br />(20) LEGAL AUTHORIZATION <br />The Recipient certifies with respect to this Agreement that it possesses the legal authority <br />to receive the funds to be provided under this Agreement and that, if applicable, its governing body has <br />authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants <br />and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority <br />to legally execute and bind Recipient to the terms of this Agreement. <br />(21) ASSURANCES <br />The Recipient shall comply with any Statement of Assurances incorporated as <br />Attachment F. <br />(22) VENDOR PAYMENTS <br />Pursuant to Section 215.422, Florida Statutes, the Department shall issue payments to vendors <br />within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods <br />and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue <br />the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant <br />to Section 55.03(1) Florida Statutes. The interest penalty shall be paid within 15 days after issuing the <br />warrant. <br />Vendors experiencing problems obtaining timely payment(s) from a state agency may receive <br />assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's <br />Hotline at 1-800-848-3792. <br />16 <br />