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p. Contractor will comply with the Federal Water Pollution Control Act (33 U.S.C. <br />1251-1387) as applicable. <br />q. Contractor agrees that the Department of Homeland Security shall have the <br />authority to seek patent rights for any process, product, invention or discovery developed and <br />paid for with funding through this Agreement based on the requirements of 37 CFR§ 401, as <br />applicable. <br />r. Pursuant to 2 CFR section 200.315, Contractor may copyright any work that is <br />subject to copyright and was developed, or for which ownership was acquired, under a Federal <br />award. The Federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right <br />to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to <br />do so. The Federal government has the right to: <br />(1) Obtain, reproduce, publish or otherwise use the data produced under a Federal award; <br />and <br />(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal <br />purposes. <br />Contractor will provide information pursuant to 2 CFR section 200.315(e) for response to a <br />Freedom of Information Request when applicable. <br />S. Contractor will comply with the provisions of 2 C.F.R. section 200.315 regarding <br />the use of intangible property. <br />t. Contractor will comply with all applicable local, state and federal statutes, codes <br />and regulations regarding the use of state or federal grant funds and property acquired with those <br />grant funds. <br />U. If the product is defective, does not function as represented or advertised, City is <br />entitled to either a full refund of the purchase price or replacement of the product for a new product <br />at the City's election. <br />18. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages <br />to City in the event that such authority or power is not, in fact, held by the signatory or is <br />withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br />c. The Agreement is the final and complete agreement and any prior or contemporaneous <br />agreements for similar services between the parties is superseded by this Agreement. This clause <br />#39228v3 <br />25D-11 <br />