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iii. Deny Payment
<br />Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot
<br />be performed or, if performed, would be of no value to the State; provided, that any denial of payment
<br />shall be reasonably related to the value to the State of the obligations not performed.
<br />iv. Removal
<br />Demand removal of any of Grantee's employees, agents, or Sub-grantees whom the State deems
<br />incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
<br />relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest.
<br />v. Intellectual Property
<br />If Grantee infringes on a patent, copyright, trademark, trade secret ar other intellectual property right
<br />while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the
<br />State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other
<br />product involved with non-infringing products or modify them so that they become non-infringing; or,
<br />(c) if neither of the forgegoing alternatives are reasonably available, remove any infringiiig Goods,
<br />Services, or products ai�d 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 />B. Grantee:
<br />Kirk Russell, Program Manager, Water
<br />Pro'ect Loan Pro ram
<br />Colorado Water Conservation Board
<br />1580 Lo an Street, Suite 600
<br />Denver, CO 80203
<br />kirk.russcll��i�statc.co.us
<br />Joanne Fa an P.E., Town En ineer
<br />Town of Rid wa
<br />PO Box 10
<br />Rid wa , CO 81432
<br />'fa an town.rid wa .co.us
<br />l7. 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 Grantee in the performance of its
<br />obligations under this Grant shall be the nonexclusive property of the State and, all Work Product shall be
<br />delivered to the State by Grantee upon completion or termination hereo£ The State's nonexclusive 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.
<br />18. GOVERNMENTAL IMMUNITY
<br />Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express ar implied,
<br />of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental
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