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Grant No.G1000088 <br /> independent Cleanup Action <br /> Agreement with City of Everett <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 <br /> as provided in 35 U.S.C. 200-212. <br /> 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use <br /> or publish information of the DEPARTMENT; present papers, lectures, or <br /> seminars involving information supplied by the DEPARTMENT; use logos, <br /> reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., <br /> appropriate credit shall be given to the DEPARTMENT. <br /> 3. Tangible Property Rights. The DEPARTMENT'S current edition of <br /> "Administrative Requirements for Ecology Grants and Loans", Part V, shall <br /> control the use and disposition of all real and personal property purchased wholly <br /> or in part with funds furnished by the DEPARTMENT in the absence of state, <br /> federal statute(s), regulation(s), or policy(s) to the contrary or upon specific <br /> instructions with respect thereto in the Scope of Work. <br /> 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT <br /> provides personal property directly to the RECIPIENT for use in performance of <br /> the project, it shall be returned to the DEPARTMENT prior to final payment by <br /> the DEPARTMENT. If said property is lost, stolen or damaged while in the <br /> 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 <br /> by this 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 <br /> acquire title for each parcel prior to disbursement of funds provided by this <br /> agreement. Such evidence may include title insurance policies,Torrens <br /> certificates, or abstracts, and attorney's opinions establishing that the land is free <br /> from any impediment, lien, or claim which would impair the uses contemplated <br /> by this agreement. <br /> 6. Conversions. Regardless of the contract termination date shown on the cover <br /> sheet,the RECIPIENT shall not at any time convert any equipment, property or <br /> facility acquired or developed pursuant to this agreement to uses other than those <br /> for which assistance was originally approved without prior written approval of the <br /> DEPARTMENT. Such approval may be conditioned upon payment to the <br /> DEPARTMENT of that portion of the proceeds of the sale, lease or other <br /> conversion or encumbrance which monies granted pursuant to this agreement bear <br /> to the total acquisition, purchase or construction costs of such property. <br /> Page3l?of 14 <br />