Agmt 2006 State Coastal Conservancy

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. e City of San Leandro Grant Agreem.~nt No. 05-012 . Page 7 COSTS AND DISBURSEMENTS (Continued) form, including attachment of supporting documents, will relieve the Conservancy of its' obligation to disburse funds to the grantee unless and until all deficiencies are rectified. Allowable costs and expenses for public outreach within the scope of this agreement shall include those incurred from May 1", 2006. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The grantee shall expend funds in the manner described in the approved project budget. The allocation of the Conservancy's total grant among the items in the project budget may vary by as much as ten percent without approval by the Executive Officer. Any . difference of more than ten percent must be approved in writing by the Executive' Officer. The Conservancy may withhold payment for changes in particular budget items Which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items 'unless there is a written amendment to this agreement. . WORK PRODUCTS All material, data, information, and written, graphic or other work produced under this agreement is subject to the unqualified and unconditional right of the Conservancy to use, . reproduce, publ.~sh, display, and make derivative use of all such work, or any part of it, free of charge and in any manner and for any purpose; and to authorize others to do so. If any of the work is subject to copyright, trademark, service mark or patent, the Conservancy is granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a. comparable and coextensive sublicense. The grantee shall include in any contract with a third party for work under this agreement terms that preserve the rights, interests, and obligations created by this section, and that identify the Conservancy as a third-party beneficiary of those provisions. The grantee shall not utilize the work produced under this agreement for any profit- making venture, or sell or grant rights to a third party for that purpose.