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B. The Su brecipient agrees that any contributions or payments made for <br /> services furnished under this Agreement shall be used for the sole benefit of <br /> this program. <br /> XV. Covenant Against Contingent Fees <br /> The Subrecipientwarrantsthatno person or selling agency has been employed <br /> or retained to solicitor secure this contract upon an Agreement or <br /> understanding fora commission, percentage, brokerage or contingentfee, <br /> excepting bona fide employees or bona fide established commercial or selling <br /> agency maintained by the Subrecipientforthe purpose of securing business. <br /> The City of Everett shall have the right, in the event of breach of this clause by <br /> the Su brecipient,to annul th is Agreement without liability or, in its discretion, to <br /> deduct from the Agreement price or consideration or otherwise recover the full <br /> amount of such commissioner, percentage, brokerage or contingentfee. <br /> XVI. Conflict of Interest <br /> A. In the event this Agreement is terminated because it is determined by the <br /> City that gratuities in the form of entertainment,gifts, or otherwise offered or <br /> given by the Su brecipient,or agent or representative of the Su brecipient,to <br /> any officer or employee of the City of Everett, with a view towards securing <br /> this Agreement or securing favorable treatment with respect to the awarding <br /> or amending or the making of any determinations with respect to this <br /> Agreement. <br /> B. The City shall be entitled to pursue the same remedies against Subrecipient <br /> as it could pursue in the event of a breach of the Agreement by the <br /> Subrecipient. The rights and remedies of the City provided for in this clause <br /> shall not be exclusive and are in addition to any other rights and remedies <br /> provided by law. <br /> XVII. Nonassignability of Claims <br /> No claim arising underthisAgreementshall be transferred or assigned by the <br /> Subrecipient with out written consent of the City. <br /> XVIII. Rights in Data <br /> The City may duplicate, use and disclose in any manner and for any purposes <br /> whatsoever, and have others so do, all data delivered under this Agreement. <br /> The Su brecipient hereby grants to the City a royalty-free, non-exclusive,and <br /> irrevocable license to publish,translate, reproduce, deliver, perform, dispose of, <br /> and to authorize others so to do, all data now or hereafter covered by copyright, <br /> provided, that with respect to data not originated in the performance of this <br /> Agreement, such license shall be only to the extent that the Subrecipient has the <br /> right to grant such license without becoming liable to pay compensation to <br />