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City of Santa. Ana <br />Grant Agreement No. 19-097 <br />Page 5 <br />WORK PRODUCTS AND ACI(NOWLE DGMENT OF CONSERVANCY SUPPORT <br />All material, data,information, and written, graphic or tither work produced, developed or <br />acquired under this agreement is subject to the unqualified and anconditional right of the <br />Conservancy to use, reproduce, publish, display, and make derivative use of all such work, or <br />any part of it, free of charge and in any manner and for any purpose; and to authorize others to <br />do so. If any of the work is subject to copyright, trademark, service mark, or patent, the <br />Conservancy is granted and shall have a perpetual, royalty -free, nonexclusive and irrevoceible <br />license to use, reproduce, publish, use in the creation of derivative works, and display and <br />perform the work, or any pant of it, and to grant to any third party a comparable and coextensive <br />sublicense. <br />The grantee shall include in any contract with a third party for work trader this agreement terms <br />that preserve the rights, interests, and obligations created by this section, and that identity the <br />Conservancy as a third -party beneficiary of those provisions. <br />The grantee shall not utilize the work produced under this agreement for any profit -making <br />venture, or sell or grant rights to a third party for that purpose. <br />In order to acknowledge the Conservancy's support of the project, the Conservancy's name and <br />logo shall be .included in the ,final report in a prominent location. The grantee shall mention the <br />Conservancy's support in its project -related press releases, contacts with the media, and social <br />media postings, and on its website. <br />COSTS AND DISBURSEMENTS <br />When the Conservancy determines that all "CONDITIONS PRECEDENT TO <br />COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, the <br />Conservancy shall disburse to the grantee, in accordance with the approved project budget, a <br />total amount not to exceed the amount of this grant, as follows: <br />The withholding for this agreement is five percent. The Conservancy shall disburse funds for <br />costs incurred to date, less five percent, upon the grantee's satisfactory progress under the <br />approved work program and upon submission of a "Request for Disbursement" form, which shall <br />be submitted no more frequently than monthly but no less frequently than quarterly. The <br />Conservancy shall disburse the five percent withheld upon the grantee's satisfactory completion <br />of the project and compliance with the "PROJECT COMPLETION" section, below, and upon <br />the Conservancy's acceptance of the project. <br />The Conservancy will reimburse the grantee for expenses necessary to the project when <br />documented by appropriate receipts. The Conservancy will reimburse travel and related <br />expenses at actual costs not to exceed the rates provided in Title Z, Division 1, Chapter 3, <br />