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m. Contractor will comply, and all its subcontractors will comply, with all applicable standards,
<br />orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of
<br />the Clean Nater Act (33 U,S.C. 1368), Executive Order 11738, and the Environmental Protection Agency
<br />regulations (40 CPR past 15), as applicable.
<br />n. Contractor will comply, and all its subcontractors will comply, with all requirements of the
<br />Energy Policy and Conservation Act (Pub. L, 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988,
<br />as amended at 60 FR 19639,19645, Apr. 19, 1995), as applicable.
<br />o. Contractor will comply, and all its subcontractors will comply, with all requirements of
<br />Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and .Recovery
<br />Act, as applicable,
<br />P. Contractor agrees that the Department of Homeland Security shall have the authority to
<br />seek patent rights for any process, product, invention or discovery developed and paid for with funding
<br />through this Agreement based on the requirements of 37 CFRys 401, as applicable.
<br />q Contractor may copyright any books, publications or other copyrightable materials
<br />developed in the course of or under this Agreement. However, the federal awarding agency, state
<br />Administrative Agency (SAA), and City reserve a royalty -free, non-exclusive, and irrevocable license to
<br />reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or
<br />City purpose:
<br />(1) the copyright in any work developed through this Agreement; and
<br />(2) any rights of copyright to which the Contractor purchases ownership with support through
<br />this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the
<br />publisher and the language of the publisher's release form must ensure the preservation of these rights.
<br />23. 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,
<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 by
<br />the signatory or is withdrawn.
<br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
<br />in the body of this Agreement.
<br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
<br />written.
<br />ATTEST:
<br />Maria D. Huizar
<br />Clerk of the Council
<br />CITY OF SANTA ANA
<br />David Cavazos
<br />City Manager
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