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v. Intellectual Property
<br />If Contractor infringes on a patent, copyright, trademark, trade secret or other intellectual property
<br />right while performing its obligations under this Contract, Contractor shall, at the State's option (a)
<br />obtain for the State or Contractor the right to use such products and services; (b) replace any Goods,
<br />Services, or other product involved with non - infringing products or modify them so that they become
<br />non - infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any
<br />infringing Goods, Services, or products and refund the price paid therefore to the State.
<br />16. NOTICES and REPRESENTATIVES
<br />Each individual identified below is the principal representative of the designating Party. All notices required to
<br />be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
<br />Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy
<br />notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from
<br />time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
<br />Unless otherwise provided herein, all notices shall be effective upon receipt.
<br />A. State:
<br />Kirk Russell
<br />CWCB
<br />1313 Sherman ST #723
<br />Denver, CO 80203
<br />kirk.russell(&,state.co.us
<br />B. Contractor:
<br />Rodney Reinhardt, Project Manager
<br />Terrace Irrigation Company, Inc.
<br />P.O. Box 109
<br />Monte Vista, CO 81144
<br />Rodne vir aol.com
<br />17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
<br />Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
<br />materials, or Work Product of any type, including drafts, prepared by Contractor in the performance of its
<br />obligations under this Contract shall be the exclusive property of the State and, all Work Product shall be
<br />delivered to the State by Contractor upon completion or termination hereof. The State's exclusive rights in such
<br />Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare
<br />derivative works. Contractor shall not use, willingly allow, cause or permit such Work Product to be used for
<br />any purpose other than the performance of Contractor's obligations hereunder without the prior written consent
<br />of the State.
<br />18. GOVERNMENTAL IMMUNITY
<br />Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its
<br />departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions
<br />of the Governmental Immunity Act §24 -10 -101, et seq. and the risk management statutes, CRS §24 -30 -1501, et
<br />seq., as amended.
<br />19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
<br />If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective
<br />Date or at anytime thereafter, this §19 applies.
<br />Contractor agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24- 102 -206, §24 -103-
<br />601, §24- 103.5 -101 and §24- 105 -102 concerning the monitoring of vendor performance on state contracts and
<br />inclusion of contract performance information in a statewide contract management system.
<br />Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and
<br />conditions of this Contract, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and
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