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required certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 <br /> for each such failure . <br /> (21 ) COPYRIGHT PATENT AND TRADEMARK <br /> 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. <br /> ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE <br /> OF THIS AGREEMENT ARE 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 <br /> rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise . <br /> (b) If any discovery or invention is developed in the course of or as a result of work or <br /> services performed under this Agreement, or in any way connected with it, the Recipient shall refer the <br /> discovery or invention to the Division for a determination whether the State of Florida will seek patent <br /> protection in its name . Any patent rights accruing under or in connection with the performance of this <br /> Agreement are reserved to the State of Florida . If any books , manuals , films , or other copyrightable <br /> material are produced , the Recipient shall notify the Division . Any copyrights accruing under or in <br /> connection with the performance under this Agreement are transferred by the Recipient to the State of <br /> Florida . <br /> (c) Within thirty days of execution of this Agreement , the Recipient shall disclose all <br /> intellectual properties relating to the performance of this Agreement which he or she knows or should know <br /> could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- <br /> existing intellectual property which is disclosed . Failure to disclose will indicate that no such property <br /> exists . The Division shall then , under Paragraph (b) , have the right to all patents and copyrights which <br /> accrue during performance of the Agreement . <br /> (22) LEGAL AUTHORIZATION . <br /> The Recipient certifies that it has the legal authority to receive the funds under this <br /> Agreement and that its governing body has authorized the execution and acceptance of this Agreement. <br /> The Recipient also certifies that the undersigned person has the authority to legally execute and bind <br /> Recipient to the terms of this Agreement. <br /> 14 <br />