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contracts under grants , loans , and cooperative agreements ) and that all subrecipients shall certify and <br /> disclose accordingly . <br /> This certification is a material representative of fact upon which reliance was placed when <br /> this transaction was made or entered into . Submission of this certification is a prerequisite for making or <br /> entering into this transaction imposed by Section 1352 , Title 31 , U . S . Code . Any person who fails to file <br /> the required certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than <br /> $ 100 , 000 for each such failure . <br /> ( 19 ) COPYRIGHT , PATENT AND TRADEMARK <br /> ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH <br /> THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF <br /> FLORIDA . ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE <br /> PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE <br /> STATE OF FLORIDA . <br /> ( 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 in the course of or as a result of <br /> work or services performed under this Agreement , or in any way connected herewith , the Recipient shall <br /> refer the discovery or invention to the Department for a determination whether patent protection will be <br /> sought in the name of the 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 the event that any <br /> books , manuals , films , or other copyrightable material are produced , the Recipient shall notify the <br /> Department . Any and all copyrights accruing under or in connection with the performance under this <br /> Agreement are 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 /> 17 <br />