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V. Non-duplication of Grant Fund Expenditures <br /> A. It is mutually agreed and promised that the APPLICANT has no ongoing or completed projects under <br /> agreement with any other Federal fund source which duplicate or overlap any work contemplated or <br /> described in this project. <br /> B. It is mutually agreed and promised that the APPLICANT will either revise this project or revise any <br /> pending or proposed request for other Federal grant funds which would duplicate or overlap work under <br /> this project to exclude any such duplication of grant fund expenditures. <br /> C. It is further mutually agreed and understood that the APPLICANT shall reimburse the STATE OF <br /> HAWAII for any such duplicate expenditures for which Federal grant funds have been claimed and <br /> 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 credits generated <br /> under the project, such as but not restricted to: The sale of real or personal property royalties received <br /> from copyrights and patents, sale of publications or from personal or incidental services, to the project in <br /> accordance with OMB Circular A-87 (FMC 74-7) or A-21, as applicable and NHTSA/FHWA Order <br /> 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 may be the <br /> property of the State or applicant agency; however, provisions should be made to obtain for the United <br /> States Government,the State Governments and their political subdivisions a royalty-free nonexclusive, <br /> 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 discoveries or <br /> inventions resulting from a project should be covered in the agreement. An irrevocable, nonexclusive, <br /> nontransferable, and royalty-free license to practice each discovery or invention in the manufacture, use <br /> and disposition, according to law, of any article or material, and in the use of any method developed as <br /> part of the work under the agreement should be obtained for the United States Government, the State <br /> Governments and their political subdivisions. <br /> VIII. Certification Regarding Debarment and Suspension <br /> A. Instructions for Certification <br /> 1. By signing and submitting this proposal, the prospective lower tier participant is providing the <br /> certification set out below. <br /> 2. The certification in this clause is a material representation of fact upon which reliance was placed <br /> when this transaction was entered into. If it is later determined that the prospective lower tier <br /> participant knowingly rendered an erroneous certification, in addition to other remedies available to <br /> the Federal government, the department or agency with which this transaction originated may pursue <br /> available remedies, including suspension and/or debarment. <br />