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• ' � � • <br />or to evaluate Grantee's performance hereunder. <br />11.3 Grantee also shalt permit these same described entities to monitor afl activities conducted by <br />Grantee pursuant to the terms of this Contract. As the monitoring agency, in its sole discretion, may <br />deem necessary or appropriate, such monitoring may consist of internal evaluation procedures, <br />examination of program data, special analyses, on-site checking, formal audit examinations, or any <br />other reasonable procedure. All such monitoring shall be performed in a manner that will not unduly <br />interfere with Contract performance. <br />12. Confidentiality of State Records and Information <br />12.1 Grantee acknowledges that it may come into contact with confidential information in connection with <br />this Contract or in connection with the performance of its obligations under this Contract, including <br />but not limited to personal records and information of individuals. It shall be the responsibility of <br />Grantee to keep all State records and information confidential at all times and to compty with all <br />Colorado State and Federal laws and regulations concerning the confidentiality of information to the <br />same extent applicable to the State. Any request or demand for information in the possession of <br />Grantee made by a third party who is not an authorized party to this Contract shall be immediately <br />forwarded to the State's principal representative for resolution. <br />12.2 Grantee shall notify all of its agent, employees, subcontractors and assigns who will come into <br />contact with State information that they are subject to the confidentiality requirements set forth <br />herein, and shall provide each with a written explanation of the requirements before they are <br />permitted to access information or data. Grantee shall provide and maintain a secure environment <br />that ensures confidentiality of all State records and information wherever located. No State <br />information of any kind shall be distributed or sold to any third party or used by Grantee or its agents <br />in any way, except as authorized by the Contract and as approved by the State. State information <br />shall not be retained in any files or otherwise by Grantee or its agents, except as set forth in this <br />Contract and approved by the State. Disclosure of State records or information may be cause for <br />legal action against Grantee or its agents. Defense of any such action shall be the sole responsibility <br />of Grantee. <br />13. Litigation Reporting <br />Unless otherwise specifically provided herein, Grantee promptly shall notify the State in the event that <br />Grantee learns of any actual litigation which involves the Services provided or Grantee's performance <br />under this Contract in which Grantee is a party defendant. Grantee, within ten (10) days after being served <br />with a summons, complaint, or other pleading in a case which involves the Services provided or Grantee's <br />performance under this Contract, which has been filed in any Federal or state court or administrative <br />agency, shall deliver copies of such document to the State's principal representative, or in absence of such <br />designation, to the chief executive officer of the department, agency, or institution executing this Contract <br />on behalf of the State. <br />14. Conflict of Interest. <br />14.1 During the term of this Contract, Grantee shall not engage in any business or personal activities or <br />practices or maintain any relationships which conflict in any way with the full performance of <br />Grantee's obligations under this Contract. <br />14.2 Additionally, Grantee acknowledges that in governmental Contracting, even the appearance of a <br />conflict of interest is harmful to the interests of the State. Thus, Grantee shall refrain from any <br />practices, activities or relationships that could reasonably be considered to be in conflict with the full <br />performance of Grantee's obligations to the State in accordance with the terms and conditions of this <br />Contract, without the prior written approval of the State. <br />Page 5 of 15 <br />