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L. "Incident" means any accidental or deliberate event that results in or constitutes an
<br /> imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or
<br /> destruction of any communications or information resources of the State,which are included
<br /> as part of the Work,as described in §§24-37.5-401 et. seq. C.R.S. Incidents include,without
<br /> limitation (i) successful attempts to gain unauthorized access to a State system or State
<br /> Information regardless of where such information is located; (ii) unwanted disruption or
<br /> denial of service; (iii) the unauthorized use of a State system for the processing or storage
<br /> of data; or (iv) changes to State system hardware, firmware, or software characteristics
<br /> without the State's knowledge, instruction, or consent.
<br /> M. "Initial Term"means the time period defined in§2.B.
<br /> N. "Matching Funds"means the funds provided by Grantee as a match required to receive the
<br /> Grant Funds.
<br /> O. "Party"means the State or Grantee, and"Parties"means both the State and Grantee.
<br /> P. "Services" means the services to be performed by Grantee as set forth in this Agreement,
<br /> and shall include any services to be rendered by Grantee in connection with the Goods.
<br /> Q. "State Confidential Information"means any and all State Records not subject to disclosure
<br /> under CORA. State Confidential Information shall include, but is not limited to, PII, and
<br /> State personnel records not subject to disclosure under CORA. State Confidential
<br /> Information shall not include information or data concerning individuals that is not deemed
<br /> confidential but nevertheless belongs to the State,which has been communicated,furnished,
<br /> or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to the
<br /> CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure
<br /> by Contractor; (iii) is or subsequently becomes publicly available without breach of any
<br /> obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without
<br /> confidentiality obligations, by a third party who has the right to disclose such information;
<br /> or(v)was independently developed without reliance on any State Confidential Information.
<br /> R. "State Fiscal Rules" means that fiscal rules promulgated by the Colorado State Controller
<br /> pursuant to §24-30-202(13)(a), C.R.S.
<br /> S. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year
<br /> and ending on June 30 of the following calendar year. If a single calendar year follows the
<br /> term,then it means the State Fiscal Year ending in that calendar year.
<br /> T. "State Records" means any and all State data, information, and records, regardless of
<br /> physical form,including,but not limited to, information subject to disclosure under CORA.
<br /> U. "Subcontractor"means third-parties, if any, engaged by Grantee to aid in performance of
<br /> the Work. "Subcontractor"also includes sub-grantees of grant funds.
<br /> V. "Work"means the Goods delivered and Services performed pursuant to this Agreement.
<br /> W. "Work Product"means the tangible and intangible results of the Work,whether finished or
<br /> unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
<br /> software (including source code), research, reports, proposals, specifications, plans, notes,
<br /> studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
<br /> maps,materials, ideas, concepts,know-how, information, and any other results of the Work.
<br /> "Work Product"does not include any material that was developed prior to the Effective Date
<br /> that is used, without modification, in the performance of the Work.
<br /> Contract Number:CTGG1 2018-1605 Page 5 of 22 Version 0817
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