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ATTY/AGR/2016.249/STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION DIVISION OR BOATING & WATERWAYS
<br />REV: 09-01-16 RL
<br />Page 6 of 33
<br />6. OVERLAPPING ANNUAL GRANT AWARDS
<br />
<br />A minimum of fifty percent (50%) of an existing SAVE grant must be utilized and reported for
<br />reimbursement to DBW by the new grant application deadline to qualify for a new fiscal year
<br />grant. Only one overlapping grant per fiscal year will be allowed.
<br />7. HAZARDOUS MATERIALS
<br />
<br />Grantee shall be responsible for securing any necessary or prudent studies, permits, or
<br />authorizations associated with treatment, removal, storage, or any other handling of
<br />hazardous substances including, but not limited to, toxic waste, petroleum waste, asbestos,
<br />and similar substances, prior to the removal of any vessel and water hazard pursuant to this
<br />Agreement.
<br />Grantee shall be responsible for the proper and lawful handling, abatement, removal,
<br />storage, and/or disposal of any hazardous substances encountered in the execution of this
<br />Agreement.
<br />8. TITLES AND LIENS
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<br />a. Abandoned vessels: Grantee shall comply with all relevant provisions of the
<br />Harbors and Navigation Code regarding notices, hearings and liens in the
<br />performance of this Agreement. Grantee (in conjunction with local law enforcement)
<br />shall conduct a title search for all vessels presumed to be abandoned, as provided by
<br />Harbors and Navigation Code section 526.
<br />b. Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors
<br />and Navigation Code section 526.1 in the performance of this Agreement, requiring
<br />that a surrendered vessel be that of the “verified titleholder.”
<br />9. MEDIA
<br />
<br />Grantee agrees to acknowledge DBW’s financial support whenever work funded by this
<br />Agreement is publicized in any news media, brochures, or other type of promotional material.
<br />10. MEDIA MATERIALS RELEASE
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<br />Grantee agrees to irrevocably grant to California State Parks, Division of Boating and
<br />Waterways, its employees, officers, agents, and assigns (hereinafter referred to as “DBW”),
<br />the non-exclusive, royalty-free, perpetual and worldwide right and permission to use,
<br />reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs,
<br />motion pictures, caption information, and/or written quotes (hereinafter referred to collectively
<br />as “Photographs”), that the Grantee has submitted to DBW for art, editorial, advertising,
<br />marketing, trade, broadcast, print, educational programs, or any other lawful purpose
<br />whatsoever, in any and all media. In connection with the foregoing license, the Grantee
<br />agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in
<br />a manner that tends to subject DBW or its AWAF, VTIP and/or SAVE programs to ridicule,
<br />disparagement, mockery, satire, or that could tarnish the image of the DBW’s AWAF, VTIP,
<br />and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all
<br />claims and demands arising out of or in connection with the use of the Photographs,
<br />including without limitations, any and all claims for libel, defamation, invasion of privacy,
<br />and/or publicity rights. DBW assumes no responsibility for lost or damaged Photographs or
<br />for the use of same. DBW may sell, assign, license, or transfer all rights granted to it
<br />hereunder.
<br />6.1.M. - Page 8
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