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k. Consultant will comply, and all its contractors (or subrecipients) will comply, with <br />all applicable standards, orders or requirements issued under Section 306 of the <br />Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. <br />1368), Executive Order 11738, and the Environmental Protection Agency <br />regulations (40 CFR part 15), as applicable. <br />1. Consultant, and all its contractors (or subrecipients) will comply, with all <br />requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. <br />871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. <br />19, 1995), as applicable. <br />in. Consultant agrees that the Department of Homeland Security shall have the <br />authority to seek patent rights for any process, product, invention or discovery <br />developed and paid for with funding through this Agreement. <br />n. Consultant may copyright any books, publications or other copyrightable materials <br />developed in the course of or under this Agreement. However, the federal awarding <br />agency, State Administrative Agency (SAA) and City reserve a royalty-free, non- <br />exclusive, and irrevocable license to reproduce, publish or otherwise use, and to <br />authorize others to use, for federal government, SAA and/or City purpose: <br />(1) the copyright in any work developed through this Agreement; and <br />(2) any rights of copyright to which the subcontractor purchases ownership with <br />support through this grant. The Federal government's, SAA's and City's rights <br />identified above must be conveyed to the publisher and the language of the <br />publisher's release form must ensure the preservation of these rights. <br />18. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of this <br />Agreement, and shall indemnify City fully, including reasonable costs and attorney's <br />fees, for any injuries or damages to City in the event that such authority or power is <br />not, in fact, held by the signatory. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br />c. Cancellation Policy. The City may cancel any course without cost or penalty by <br />providing 30 days advance written notice of cancellation to Consultant. The Parties <br />will mutually agree to the date for rescheduling any such cancelled course. <br /> <br /> <br /> <br />25C-10