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City of Santa Ana Grant Agreement No, 22-159 Page 5 VII. WORK PRODUCTS AND ACKNOWLEDGMENT OF CONSERVANCY SUPPORT All material, data, information, and written, graphic or other work produced, developed or acquired under this agreement is subject to the unqualified and unconditional right of the Conservancy to use, reproduce,publish, display,and make derivative use of all such work, or any park of it, free of charge and in any manner and for any purpose; and to authorize others to do so. If any of the work is subject to copyright, trademark,service mark, or patent, the Conservancy is granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense. The grantee shall include in any contract with a third party for work.under this agreement terms that preserve the rights, interests, and obligations created by this section, and that identify the Conservancy as a third-party beneficiary of those provisions. The grantee shall not utilize the work produced under this agreement for any profit-making venture,nor sell or grant rights to a third party for that purpose. In order to acknowledge the Conservancy's support of the project, the grantee shall display the Conservancy's name and logo in the final report in a prominent Iocation. VIII.COSTS AND DISBURSEMENTS When the Conservancy determines that all conditions in section"II. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT"have been fully met,the Conservancy shall disburse to the grantee a total amount not to exceed the amount of this grant, in accordance with the approved project budget and this section. The withholding for this agreement is five percent. The Conservancy shall disburse funds for costs incurred to date, less five percent, upon the grantee's satisfactory progress under the approved work program and upon submission of a"Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Conservancy shall disburse the five percent withheld upon the grantee's satisfactory completion of the project and compliance with section"X. PROJECT COMPLETION," and upon the Conservancy's acceptance of the project. Hourly rates billed to the Conservancy must be equal to the actual compensation paid by grantee to employees,which may include employee benefits. The grantee shall require its employees to keep records of their time spent on the project for purposes of documenting the employee time billed to the Conservancy. The Conservancy will reimburse the grantee for expenses necessary to