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A. It is mutually agreed and promised that the APPLICANT has no ongoing or completed projects <br /> under agreement with any other Federal fund source which duplicate or overlap any work <br /> contemplated or described in this project <br /> B. It is mutually agreed and promised that the APPLICANT will either revise this <br /> project or revise any pending or proposed request for other Federal grant funds <br /> which would duplicate or overlap work under this project to exclude any such <br /> duplication of grant fund expenditures. <br /> C. It is further mutually agreed and understood that the APPLICANT shall reimburse <br /> the STATE OF HAWAII for any such duplicate expenditures for which Federal <br /> grant funds have been claimed and payment received as determined by State or <br /> Federal audit. <br /> VI. Project Income and Applicable Credits <br /> A. It is mutually agreed and understood that the APPL[CANT shall apply all proceeds or credits <br /> generated under the project, such as but no[ restricted to: The sale of real or personal property <br /> royalties received from copyrights and patents, sale of publications or from personal or incidental <br /> services, to the project in accordance with OMB Circular A-87 (FMC 74-7) or A-21, as applicable <br /> and NHTSA/FHWA Order 460-4/7510.1. <br /> VII. Copyrights and Patents <br /> A. It is mutually agreed that any copyrightable materials produced in the course of a project maybe <br /> [he property of [he Stale or applicant agency; however, provisions should be made to obtain for the <br /> United Stales Govemment, the Stale Govemments and their political subdivisions aroyalty-free <br /> nonexclusive, and irrevocable license to use in any manner such copyrightable material. <br /> B. It is mutually agreed that the ownership of all rights accruing from any patentable <br /> discoveries or inventions resulting from a project should be covered in the <br /> agreement. An irrevocable, nonexclusive, nontransferable, and royalty-free <br /> license to practice each discovery or invention in the manufacture, use and <br /> disposition, according to law, of any article or material, and in the use of any <br /> method developed as part of the work under the agreement should be obtained for <br /> the United States Govenunent, the State Governments and their political <br /> subdivisions. <br /> <br /> VIII. Certification Regarding Debarment and Suspension <br /> A. Instmctions for Certification <br /> 1. By signing and submitting [his proposal, the prospective lower tier participant is providing the <br /> certification set out below. <br /> 2. The certification in [his clause is a material representation of fact upon which reliance was <br /> placed when this transaction was entered into. If it is later determined that [he prospective <br /> lower tier participant knowingly rendered an erroneous certification, in addition [o other <br /> remedies available to the Federal government, the department or agency with which this <br /> transaction originated may pursue available remedies, including suspension and/or debarment. <br /> <br />