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Name of Recipient Agreement No.: XX-XXX-550 Project No.: C-06-XXXX-XXX conflicting language in this Agreement, the Recipient agrees to complete the Project funded by this Agreement or to repay all of the disbursed funds plus interest. 5.23 Rights in Data. The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the/State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request. (40 CFR 31.34, 31.36) 5.24 State Water Board Action; Costs and Attorney Fees. / \\ The Recipient agrees that any remedy provided in this Agreement is in addition,to and not in derogation of any other legal or equitable remedy available to the,State Water Board asa result of breach of this Agreement by the Recipient, whether such breach\occurs before or after completlon,of the Project, and exercise of any remedy provided by this Agreement by the,State Water Board shall,not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available..., the event of litigation between the parties hereto arising'from this Agreement, t is agreed that each'party shall bear its own costs and attorney fees. ".\\5.25 Unenforceable Provision. In the event that any provision ofthis Agreements unenforceable,or held tb be unenforceable, then the parties agree that all other provisions'of this Agreementhave force and effect and shall not be affected thereby. �v % • 5.26 Useful Life. , , \ The economic useful,tife~of the Project commnencing_at Project Completion, is at least equal to the term of this Agreement, as set forth in Exhibit B.hereto. 5.27 Venue. The State Water Board and the Recipient hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California. 5.28 Waiver and Rightsof the State Water Board. Any waiver of rights by the State/Water Board with respect to a default or other matter arising under the Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law. 27