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SUBRECIPIENT warrants and assures that it has not nor has it been in breach of any <br /> agreement relating to construction, rehabilitation, use, operation, management, or <br /> disposition of real property, or had payments suspended or terminated under any state or <br /> federal assistance contract. <br /> ARTICLE XIII - COPYRIGHT, PATENT AND TRADEMARK <br /> 13 . 1 Any and all patent rights accruing under or in connection with the performance of this <br /> Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing <br /> under or in connection with the performance of this Agreement are hereby transferred by <br /> the recipient to the State of Florida. <br /> A. If SUBRECIPIENT has a pre-existing patent or copyright, SUBRECIPIENT shall <br /> retain all rights and entitlements to that pre-existing patent or copyright unless this <br /> Agreement provides otherwise. <br /> Be If any discovery or invention is developed in the course of or as a result of work <br /> or services performed under this Agreement, or in any way connected with it, <br /> SUBRECIPIENT shall refer the discovery or invention to COUNTY. COUNTY <br /> shall refer the discovery or invention to DEPARTMENT for a determination <br /> whether the State of Florida will seek patent protection in its name . Any patent <br /> rights accruing under or in connection with the performance of this Agreement are <br /> reserved to the State of Florida. If any books, manuals, films, or other <br /> copyrightable material are produced, the SUBRECIPIENT shall notify <br /> DEPARTMENT. Any copyrights accruing under or in connection with the <br /> performance under this Agreement are transferred by the SUBRECIPIENT to the <br /> State of Florida. <br /> C . Within thirty days of execution of this Agreement, SUBRECIPIENT shall <br /> disclose all intellectual properties relating to the performance of this Agreement <br /> which he or she knows or should know could give rise to a patent or copyright. <br /> SUBRECIPIENT shall retain all rights and entitlements to any pre-existing <br /> intellectual property which is so disclosed. Failure to disclose will indicate that <br /> no such property exists. DEPARTMENT shall then, under Paragraph 13 . 1 -B , <br /> 23 <br />