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Exhibit D - 16 <br /> <br />A. In the event this Agreement is terminated because it is determined by the City that gratuities in <br />the form of entertainment, gifts, or otherwise offered or given by the Service Provider, or agent <br />or representative of the Service Provider, to any officer or employee of the City of Everett, with <br />a view towards securing this Agreement or securing favorable treatment with respect to the <br />awarding or amending or the making of any determinations with respect to this Agreement. <br /> <br />B. The City shall be entitled to pursue the same remedies against Service Provider as it could <br />pursue in the event of a breach of the Agreement by the Service Provider. The rights and <br />remedies of the City provided for in this clause shall not be exclusive and are in addition to any <br />other rights and remedies provided by law. <br /> <br />XVII. Non assignability of Claims <br /> <br />No claim arising under this Agreement shall be transferred or assigned by the Service Provider <br />without written consent of the City. <br /> <br />XVIII. Rights in Data <br /> <br />The City may duplicate, use and disclose in any manner and for any purposes whatsoever, and have <br />others so do, all data delivered under this Agreement. The Service Provider hereby grants to the <br />City a royalty-free, non-exclusive, and irrevocable license to publish, translate, reproduce, deliver, <br />perform, dispose of, and to authorize others so to do, all data now or hereafter covered by <br />copyright, provided, that with respect to data not originated in the performance of this Agreement, <br />such license shall be only to the extent that the Service Provider has the right to grant such license <br />without becoming liable to pay compensation to others because of such grant. The Service <br />Provider shall exert all reasonable effort to advise the City at the time of delivery of data furnished <br />under this Agreement, of all invasions of the right of privacy contained therein and of all portions <br />of such data copied from work not composed or produced in the performance of this Agreement <br />and not licensed under this clause. The Service Provider shall report to the City promptly and in <br />written detail each notice or claim of copyright infringement received by the Service Provider with <br />respect to all data delivered under this Agreement. The Service Provider shall not affix any <br />restrictive markings upon any data, and if such markings are affixed, the City shall have the right at <br />any time to modify, remove, obliterate, or ignore such markings. <br /> <br />XIX. Not Used <br /> <br />XX. Program Property <br /> <br />Any personal property having a useful life of more than one year and purchased wholly or in part <br />with sub-grant funds from this Agreement at a cost of three hundred dollars ($300) or more per item <br />shall upon its purchase or receipt become the property of the City. The Service Provider shall be <br />responsible for all such property, including its care and maintenance, and shall comply with the <br />following procedural requirements: <br />