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2) In those instances where the MLE determines that an unauthorized use of a MILE funded <br />vessel has occurred, the MLE will provide written notification to the operator of its <br />determination with a warning that continued misuse or abuse of MLE-funded vessels and <br />equipment may result in: <br />a) the removal of misused equipment from the facility; and/or <br />b) an assessment against the operator for reimbursement of the federal contribution <br />against the current market value of the vessel. <br />11.2 Title. Title to equipment purchased under this Agreement shall vest in the Subrecipient. If the <br />Subrecipient determines that it cannot use the equipment for the stated grant purposes at any point <br />prior to the end of the equipment's useful life, but after the end of this award period and any <br />extensions thereof, the Subrecipient shall inform MLE in writing within 30 days of such <br />determination. Such equipment shall be transferred by the Subrecipient to a third party approved <br />by MLE for use for grant purposes in accordance with applicable provisions of state and federal <br />law. Should the equipment not be transferred to another state parks RBS approved law <br />enforcement agency in accordance with this provision, the equipment shall either be returned to <br />MLE for use for grant purposes, or it shall be disposed in accordance with 50 CFR Part 85; and 2 <br />CFR Part 200. <br />11.3 Useful Life. Beyond the acquisition grant period of performance and throughout the duration of <br />the equipment's useful life, the equipment must continue to be used in the program or project for <br />which it was acquired, as Recreational Boating Safety Act Program. When no longer needed for <br />the original program or project, equipment may be used in other activities in the following order of <br />priority: <br />a. Activities supported under a Federal award from the Federal awarding agency which <br />funded the original program or project; then <br />b. Activities under Federal awards from other Federal awarding agencies; then <br />c. Any activities consistent with the administration of the Washington State Parks and <br />Recreation Commission. <br />11.4 Special Survivorship Note: Ownership is not absolute. Regardless of agreement's expiration, <br />anything tangible, intangible, or intellectual property that was purchased or created from federal <br />funds or funded with federal funds maintains federal and state MLE entanglements, requirements, <br />or conditions (conditional ownership) unless/until released by the MLE or federal government in <br />writing. While other conditions may apply, typically a release would occur upon the MLE, or federal <br />government being completely satisfied that the item in question has reached the end of its useful <br />life which is usually a dollar value. Determination of value is solely at the discretion of the MLE or <br />federal government. Should professional appraisal services be needed to determine value, these <br />costs shall be borne by the Subrecipient. Selection of an appraisal services firm is subject to the <br />written approval of the MLE or federal government. <br />11.5 Use and Maintenance. The Subrecipient shall operate and maintain the equipment, purchased, <br />constructed, installed, renovated, operated, repaired, or maintained with MLE grant funds to <br />MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 11 of 33 <br />