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6. OVERLAPPING ANNUAL GRANT AWARDS
<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 /> 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
<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 /> 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
<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 /> ATTY/AGR/2016.249/STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION DIVISION OR BOATING & WATERWAYS
<br /> REV: 09-01-16 RL
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