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applicable. <br />I. Recipient will comply, and all its contractors (or subrecipients) will comply, with <br />all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 <br />FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as <br />applicable. <br />M. Recipient 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. <br />n. Recipient may copyright any books, publications or other copyrightable materials <br />developed in the course of or under this Agreement. However, the federal awarding agency, <br />State Administrative Agency (SAA) and City reserve a royalty -free, non - exclusive, and <br />irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for <br />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 <br />with support through this grant. The Federal government's, SAA's and City's rights identified <br />above must be conveyed to the publisher and the language of the publisher's release form <br />must ensure the preservation of these rights. <br />20, MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow, has the power <br />authority and right to bind their respective parties to each of the terms of this Agreement, <br />and shall indemnify City fully, Including reasonable costs and attorney's fees, for any <br />injuries or damages to City in the event that such authority or power is not, in fact, held <br />by the signatory or is withdrawn. <br />All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first <br />above written. <br />ATTEST: <br />CITY OF SANTA ANA <br />MARIA D. HUIZAR DAVID CAVAZOS <br />Clerk of the Council City Manager <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />l3y: <br />Laura A. Rossini <br />Senior Assistant City Attorney <br />25F -10 <br />