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otherwise subjected to discrimination under the subject Highway Safety Program or <br /> project. <br /> B. It is mutually agreed and promised that if the APPLICANT fails or refuses to comply <br /> with its undertaking as set forth in these provisions, the STATE of [he UNITED STATES <br /> DEPARTMENT OF TRANSPORTATION may take any or all of these following <br /> actions. <br /> (1) Cancel, terminate, or suspend in whole or in part the agreement, contract, or other <br /> arrangement with respect to which the failure or refusal occurred; and <br /> (2) Refrain from extending any further Federal financial assistance to the applicant <br /> agency under the program with respect to which the failure or refusal occurred until <br /> satisfactory assurance of future compliance has been received from the applicant agency. <br /> V. Non-duplication of Grant Fund Expenditures <br /> A. It is mutually agreed and promised that the APPLICANT has no ongoing or completed <br /> projects under agreement with any other Federal fund source which duplicate or overlap <br /> any work contemplated or described in this project. <br /> B. It is mutually agreed and promised that the APPLICANT will either revise this project or <br /> revise any pending or proposed request for other Federal grant funds which would <br /> duplicate or overlap work under this project to exclude any such duplication of grant fund <br /> expenditures. <br /> C. It is further mutually agreed and understood that the APPLICANT shall reimburse the <br /> STATE OF HAWAII for any such duplicate expenditures for which Federal grant funds <br /> have been claimed and payment received as determined by State or Federal audit. <br /> VI. Project Income and Applicable Credits <br /> A. It is mutually agreed and understood that the APPLICANT shall apply all proceeds or <br /> credits generated under the project, such as but not restricted to: The sale of real or <br /> personal property royalties received from copyrights and patents, sale of publications or <br /> from personal or incidental services, to the project in accordance with OMB Circular A- <br /> 87 (FMC 74-7) or A-21, as applicable and NHTSA/FHWA Order 460-4/7510.1. <br /> <br /> VII. Copyrights and Patents <br /> A. It is mutually agreed that any copyrightable materials produced in the course of a project <br /> may be the properly of the State or applicant agency; however, provisions should be <br /> made to obtain for the United States Government, the State Governments and their <br /> political subdivisions aroyalty-free nonexclusive, and irrevocable license to use in any <br /> manner such copyrightable material. <br /> <br />