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2004-164
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2004-164
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1 ) <br /> (c) The Department of Community Affairs reserves the right to unilaterally cancel this <br /> Agreement for refusal by the Recipient to allow public access to all documents , papers , letters or other <br /> material subject to the provisions of Chapter 119 , Fla . Stat. , and made or received by the Recipient in <br /> conjunction with this Agreement. <br /> (d ) If the Recipient is allowed to temporarily invest any advances of funds under this <br /> Agreement, any interest income shall either be returned to the Department or be applied against the <br /> Department's obligation to pay the contract amount. <br /> (e) The State of Florida will not intentionally award publicly-funded contracts to any <br /> contractor who knowingly employs unauthorized alien workers , constituting a violation of the employment <br /> provisions contained in 8 U . S . C. Section 1324a (e) [Section 274A(e) of the Immigration and Nationality Act <br /> (" INA")] . The Department shall consider the employment by any contractor of unauthorized aliens a <br /> violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions <br /> contained in Section 274A( e) of the INA shall be grounds for unilateral cancellation of this Agreement by <br /> the Department. <br /> ( 18 ) STATE LOBBYING PROHIBITION . <br /> No funds or other resources received from the Department in connection with this Agreement <br /> may be used directly or indirectly to influence legislation or any other official action by the Florida <br /> Legislature or any state agency. <br /> ( 19 ) 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 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 /> 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 /> 9 <br />
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