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(b) equitably reduce the payment due to Contractor to reflect the reduced value of the Services
<br />performed.
<br />These remedies shall in no way limit the remedies available to the State in ofher provisions of this contract
<br />or remedies otherwise available in equity or at law, all of which may be exercised by the State, at its option,
<br />in lieu of or in conjunction with the preceding measures. Furthermore, the reduction, delay or deniai of
<br />payment under this provision shall not constitute a breach of contract or default by the State.
<br />9. Reporting
<br />Unless otherwise provided in this contract or the exhibits hereto, Contractor shall submit, on a quarterly
<br />basis and upon termination or completion of work, a written progress report analyzing the perFormance
<br />under this contract and specifying progress made for each activity identified in Contractor's duties and
<br />obligations. Such written analysis shall be in accordance with the procedures developed and prescribed by
<br />the State. The preparation of reports in a timely manner shall be the responsibility of Contractor and failure
<br />to comply may result in the delay of payment of funds and/or termination of this contract. Required reports
<br />shall be submitted to the State not later than the end of each calendar quarter, or at such time as otherwise
<br />specified. Notwithstanding anything herein to the contrary, including without limitation the priority provisions
<br />set forth in Section 35, specific reporting requirements set forth in Exhibit A, Scope of Work, or in other
<br />exhibits to this contract, shall take precedence over this general reporting provision.
<br />10. Rights in Data, Documents, and Computer Software
<br />10.1 Any software, research, reports, studies, data, photographs, negatives or other documents,
<br />drawings, models, materials, or work product of any type, including drafts, prepared by Contractor in
<br />the performance of its obligations under this contract (the "Work Product"), shall be the exclusive
<br />property of the State and all Work Product shall be delivered to the State by Contractor upon
<br />completion, termination, or cancellation of this contract. The rights of the State with respect to such
<br />Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, prepare
<br />derivative works, or otherwise use such Work.
<br />10.2 Contractor shall not use, willingly allow, cause or permit such property to be used for any purpose
<br />other than the performance of Contractor's obligations under this contract, without the prior written
<br />consent of the State. The rights of the State with respect to such property shall include, but not be
<br />limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use such
<br />property.
<br />11. Maintenance, Inspection and Monitoring of Records
<br />11.1 Contractor shall maintain a complete file of all records, documents, communications, notes and other
<br />written materials or electronic media, files or communications, which pertain in any manner to the
<br />operation of programs or the delivery of Services or Goads under this contract, and shall maintain
<br />such records for a period of three (3) years after the date of termination of this contract or final
<br />payment hereunder, whichever is later, or for such further period as may be necessary to resolve any
<br />matters which may be pending, or until an audit has been completed; provided, that if an audit by or
<br />on behalf of the Federal and/or Colorado State government has begun but is not completed or audit
<br />findings have not been resolved after a three (3) year period, such materials shall be retained until
<br />the resolution of the audit findings.
<br />11.2 Contractor sha11 permit the State, the Federal Government or any other du{y authorized agent of a
<br />governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's records
<br />during the term of this contract and for a period of three (3) years following termination of this
<br />contract or final payment hereunder, whichever is later, to assure compliance with the terms hereof
<br />or to evaluate Contractor's performance hereunder.
<br />11.3 Contractor also shall permit these same described entities to monitor all activities conducted by
<br />Contractor pursuant to the terms of this contract. As the monitoring agency, in its sole discretion,
<br />may deem necessary or appropriate, such monitaring may consist of internal evaluation procedures,
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