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r�"1 <br />L J <br />�J <br />I% ESCROW OF CRAM SOORCE CODE <br />A. In addition to the work products delivered to the <br />District and the Colorado Water Conservation Board pursuant to <br />Section VII above and as specified in Appendix B, Hydrosphere <br />shall, upon the request of the District prior to final acceptance <br />of the work performed under this Agreement, deliver to escrow the <br />following: <br />1. Floppy disk(s) containing the source code for the CRAM <br />Network Modeling System as used in the project; <br />2. Floppy disk(s) containing docwnentation for the source <br />code mentioned above, in as qreat a detail as was available in the <br />performance of this Agreement, to assist in editinq and updatinq <br />the Planning Model produced under the Agreement; and <br />3. Floppy disk(s) containing the complete source code for <br />the Planning Model produced under this Agreement <br />�� �:����' 4 <br />B. In the event that t �k '� followin consultation <br />with the Colorado Water Co ��Yva�ion Board, elects to have <br />Hydrosphere deposit the above i,,te ,s��,� , such source code and <br />documentation shall be mai� �ne�� ,k�i�� � scrow Services, Inc. <br />according to the Master �,,��c�o�= A'E�e��n attached hereto as <br />Appendix D(or similar escrow agreement for source code software in <br />use by U.S. ESCROW SERVICES, INC. at the time of execution and the <br />escrow agreement), which shall be executed prior to final <br />acceptance of the work by the District. The District and the <br />Coiorado Water Conservation Board shall each be named as a <br />Certificate Holder under the terms of the Master Escrow Aqreement. <br />C. In the event that the District elects to exercise the <br />"Master Escrow Agreement" attached hereto as Appendix D, <br />Hydrosphere shall pay any set-up fees which are due at the time of <br />execution of the Master Escrow Agreement. Any fees for certificate <br />preparation shall be divided among and paid by the District and the <br />Colorado Water Conservation Board. The District shall pay the <br />annual maintanance fee required under the Master Escrow Agreement. <br />Fees for distribution or retrieval of items held in escrow shall be <br />paid by the party making the request for such distribution or <br />retrieval. <br />D. If the items in escrow are not retrieved by a certificate <br />holder in the first ten years following execution of the Master <br />Escrow Agreement, Hydrosphere shall thereafter retrieve said <br />materials at its expense, and arrange to close the Escrow Account <br />such that no additional costs occur to the District or the Colorado <br />Water Conservation District. <br />0 <br />