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2 <br /> M. PROPERTY RIGHTS <br /> 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or <br /> invents any patentable property, the RECIPIENT may copyright or patent the same but the <br /> DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover <br /> or otherwise use the material(s) or property and to authorize others to use the same for federal, state or <br /> local government purposes. <br /> Where federal funding is involved, the federal government may have a proprietary <br /> interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. <br /> 200-212. <br /> 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or <br /> publish information of the DEPARTMENT; present papers, lectures, or seminars involving information <br /> supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, <br /> brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. <br /> 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative <br /> Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and <br /> personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence <br /> of state, federal statute(s), regulation(s), or policy(s)to the contrary or upon specific instructions with <br /> respect thereto in the Scope of Work. <br /> 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides <br /> personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to <br /> the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or <br /> damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by <br /> setoff by the RECIPIENT for the fair market value of such property. <br /> 5. Acquisition Projects. The following provisions shall apply if the project covered by this <br /> agreement includes funds for the acquisition of land or facilities: <br /> a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT <br /> shall establish that the cost of land/or facilities is fair and reasonable. <br /> b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire <br /> title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may <br /> include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that <br /> the land is free from any impediment, lien, or claim which would impair the uses contemplated by this <br /> agreement. <br /> 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the <br /> RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed <br /> pursuant to this agreement to uses other than those for which assistance was originally approved without <br /> prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the <br /> DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance <br /> which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction <br /> costs of such property. <br /> N. RECYCLED/RECYCLABLE PAPER <br /> All documents and materials published under this agreement shall be produced on recycled <br /> paper containing the highest level of post consumer and recycled content that is available. At a minimum, <br /> paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever <br /> possible, all materials shall be published on paper that is unbleached or has not been treated with <br /> chlorine gas and/or hypochlorite. <br /> As appropriate, all materials shall be published on both sides of the paper and shall minimize the <br /> use of glossy or colored paper and other items which reduce the recyclability of the document. <br /> O. RECOVERY OF PAYMENTS TO RECIPIENT <br /> The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent <br /> upon satisfactory performance of this agreement including the satisfactory completion of the project <br /> described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations <br /> required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required <br /> l9 <br /> 4 <br />