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9. Reporting
<br /> Unless otherwise provided in this contract or the exhibits hereto, Contractor shall submit, on a quarterly
<br /> basis and upon termination or completion of work, a written progress report analyzing the performance
<br /> under this contract and specifying progress made for each activity identified in Contractor's duties and
<br /> obligations. Such written analysis shall be in accordance with the procedures developed and prescribed by
<br /> the State. The preparation of reports in a timely manner shall be the responsibility of Contractor and failure
<br /> to comply may result in the delay of payment of funds and/or termination of this contract. Required reports
<br /> shall be submitted to the State not later than the end of each calendar quarter, or at such time as otherwise
<br /> specified. Notwithstanding anything herein to the contrary, including without limitation the priority provisions
<br /> set forth in Section 35, specific reporting requirements set forth in Exhibit A, Scope of Work, or in other
<br /> exhibits to this contract, shall take precedence over this general reporting provision.
<br /> 10. Rights in Data, Documents, and Computer Software
<br /> 10.1 Any software, research, reports, studies, data, photographs, negatives or other documents,
<br /> drawings, models, materials, or work product of any type, including drafts, prepared by Contractor in
<br /> the performance of its obligations under this contract (the "Work Product"), shall be the exclusive
<br /> property of the State and all Work Product shall be delivered to the State by Contractor upon
<br /> completion, termination, or cancellation of this contract. The rights of the State with respect to such
<br /> Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, prepare
<br /> derivative works, or otherwise use such Work.
<br /> 10.2 Contractor shall not use, willingly allow, cause or permit such property to be used for any purpose
<br /> other than the performance of Contractor's obligations under this contract, without the prior written
<br /> consent of the State. The rights of the State with respect to such property shall include, but not be
<br /> limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use such
<br /> property.
<br /> 10.3 Nothing contained in this Contract is intended to prevent the Contractor from using the Zero Liquid
<br /> Discharge Pilot Study results in the construction of a reverse osmosis water treatment facility.
<br /> 11. Maintenance, Inspection and Monitoring of Records
<br /> 11.1 Contractor shall maintain a complete file of all records, documents, communications, notes and other
<br /> written materials or electronic media, files or communications, which pertain in any manner to the
<br /> operation of programs or the delivery of Services or Goods under this contract, and shall maintain
<br /> such records for a period of three (3) years after the date of termination of this contract or final
<br /> payment hereunder, whichever is later, or for such further period as may be necessary to resolve any
<br /> matters which may be pending, or until an audit has been completed; provided, that if an audit by or
<br /> on behalf of the Federal and/or Colorado State government has begun but is not completed or audit
<br /> findings have not been resolved after a three (3) year period, such materials shall be retained until
<br /> the resolution of the audit findings.
<br /> 11.2 Contractor shall permit the State, the Federal Government or any other duly authorized agent of a
<br /> governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's records
<br /> during the term of this contract and for a period of three (3) years following termination of this
<br /> contract or final payment hereunder, whichever is later, to assure compliance pliance with 'the terms hereof
<br /> or to evaluate Contractor's performance hereunder.
<br /> 11.3 Contractor also shall permit these same described entities to monitor all activities conducted by
<br /> Contractor pursuant to the terms of this contract. As the monitoring agency, in its sole discretion,
<br /> may deem necessary or appropriate, such monitoring may consist of internal evaluation procedures,
<br /> examination of program data, special analyses, on-site checking, formal audit examinations, or any
<br /> other reasonable procedure. All such monitoring shall be performed in a manner that will not unduly
<br /> interfere with contract performance.
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