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Section X.Publicity and Publications <br /> A. Any published or distributed reports, data, or other information shall contain an <br /> acknowledgment of the support of the Commission as well as a disclaimer statement to <br /> the following effect:Any opinion,finding conclusion or recommendations expressed in <br /> this publication are those of the author(s)and do not necessarily reflect the view and <br /> policies of the North Carolina Tobacco Trust Fund Commission.Upon publication of <br /> materials resulting from the work of the Project,the Grantee shall furnish a minimum of <br /> two copies of reports to the Commission. The Grantee shall acknowledge the support of <br /> the Commission by including its logo on printed information,presentations and other <br /> materials produced pursuant to the Project. <br /> B. At the request of the Commission,the Grantee shall place signage at the Project site or <br /> sites identifying the Project as receiving Commission Funds. This signage shall be in <br /> mutually agreeable wording and format. <br /> C. Subject to the requirements of Section X.A above,the Grantee may publish or arrange for <br /> the publication of information resulting from work carried out under this Agreement; <br /> however,the information shall not be marketed for profit by the Grantee. <br /> D. If work done pursuant to the Agreement results in any intellectual property right accruing <br /> to the Grantee,the Grantee hereby grants to the Commission an assignable royalty-free, <br /> non-exclusive irrevocable license to publish,translate,reproduce, deliver, perform or use <br /> the material covered by the intellectual property right. <br /> Section XI. Termination&Availability of Funds <br /> A. Either Party shall have the ability to terminate this Agreement on thirty days' written <br /> notice. <br /> B. If after notice and reasonable opportunity to cure a defect or problem,the Grantee fails <br /> for any reason to fulfill in proper manner its obligations under this Agreement, or violates <br /> any of the material terms or conditions of this Agreement,the Commission shall have the <br /> right to terminate this Agreement by giving fourteen(14)days written notice to the <br /> Grantee of such termination. In such event,the Commission shall have no responsibility <br /> to make additional payments under this Agreement after the Termination Date. No <br /> further expenditures shall be made under this Agreement upon notice of termination <br /> except for such work as shall have already been performed prior to the notice of <br /> Termination Date and the Grantee shall repay all unspent grant funds upon the demand of <br /> the Commission together with any interest accrued on those unspent funds. <br /> C. The Commission's obligation to pay any amounts under this Agreement is contingent <br /> upon the availability of funds to it to fund the Project. In the event that funds for this <br /> Project become unavailable,the Commission may terminate this Agreement immediately <br /> upon facsimile notice to the Grantee. In the event of notice of the unavailability of funds, <br /> all obligations of the Commission to make payments under this Agreement shall cease as <br /> of the date of the notice of termination for unavailability of funds except for such work as <br /> shall have already been performed prior to the date of the notice of termination for <br /> unavailability of funds. <br /> 5 <br />