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<br /> 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 /> Tim Feehan
<br /> Colorado Water Conservation Board
<br /> 1313 Sherman ST#723
<br /> Denver, CO 80203
<br /> tim.feehan @state.co.us
<br /> B. Contractor:
<br /> Travis Smith,Manager
<br /> San Luis Valley Irrigation Dis.
<br /> PO Box 637
<br /> 269 Miles ST
<br /> Center, CO 81125
<br /> 1@centurytel.net
<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.
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