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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 or 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 infringing Goods,
<br /> 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 /> Anna Mauss,Project Manager
<br /> Colorado Water Conservation Board
<br /> 1580 Logan Street, Suite 600
<br /> Denver,CO 80203
<br /> anna.mauss @state.co.us
<br /> B. Grantee:
<br /> Josh Cichocki, Water/Waste Director
<br /> City of Lamar Water/Water Activity
<br /> Enterprise
<br /> 103 North Second Street
<br /> Lamar,CO 81052
<br /> josh.cichocki @ci.lamar.co.us
<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 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 hereof.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 or implied,
<br /> of any of the immunities,rights,benefits,protection,or other provisions of the Colorado Governmental
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