Laserfiche WebLink
8 <br /> 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent <br /> on the availability ofstate and federal funds through legislative appropriation and state <br /> allotment. When this AGREEMENT crosses over state fiscal years the obligation of the <br /> DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. <br /> The failure to appropriate or allot such funds will be good cause to terminate this <br /> AGREEMENT, as provided in paragraph K.1 above. <br /> When this AGREEMENT crosses the RECIPIENT's fiscal year,the obligation of the <br /> RECIPIENT to continue or complete the project described herein will be contingent upon <br /> appropriation of funds by the RECIPIENT's governing body;provided, however,that <br /> nothing contained herein will preclude the DEPARTMENT from demanding repayment of <br /> all funds paid to the RECIPIENT in accordance with Section 0. <br /> 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the <br /> project funded herein within four months after the effective date of this AGREEMENT,or <br /> by any date mutually agreed upon in writing for commencement of work,the <br /> DEPARTMENT reserves the right to terminate this AGREEMENT. <br /> L. WAIVER <br /> Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any <br /> provision of this AGREEMENT is not a waiver of any subsequent breach and will not be construed as a <br /> modification of the terms of this AGREEMENT,unless stated as such in writing by the authorized <br /> representative of the DEPARTMENT. <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, <br /> publish,recover,or otherwise use the material(s)or property and to authorize others to use <br /> the same for federal, state,or local government purposes. <br /> Where federal funding is involved,the federal government may have a proprietary interest <br /> in patent rights to any inventions that developed by the RECIPIENT as provided in 35 <br /> U.S.C.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 <br /> information supplied by the DEPARTMENT;use logos,reports,maps or other data,in <br /> printed reports, signs,brochures,pamphlets, etc.,appropriate credit will be given to the <br /> DEPARTMENT. <br /> 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative <br /> Requirements for Ecology Grants and Loans,"Part V,will control the use and disposition <br /> of all real and personal property purchased wholly or in part with funds furnished by the <br /> DEPARTMENT in the absence of state or federal statute(s),regulation(s),or pollcy(s)to <br /> the contrary or upon specific instructions with respect thereto in the Scope of Work. <br /> Page 5 of ATTACHMENT 6 <br /> 64 <br />