S Grant Agreement NC Tobacco Trust Fund commission and Orange Co 01-22-09-4p

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