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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
<br /> included as part of the Work, as described in §§24-37.5-401 et. seq. C.R.S. Incidents
<br /> include, without limitation (i) successful attempts to gain unauthorized access to a State
<br /> system or State Information regardless of where such information is located; (ii)unwanted
<br /> disruption or denial of service; (iii) the unauthorized use of a State system for the
<br /> processing or storage of data; or (iv) changes to State system hardware, firmware, or
<br /> software characteristics 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 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
<br /> disclosure under CORA. State Confidential Information shall include, but is not limited
<br /> to, PII, and State personnel records not subject to disclosure under CORA. State
<br /> Confidential Information shall not include information or data concerning individuals that
<br /> is not deemed confidential but nevertheless belongs to the State, which has been
<br /> communicated, furnished, or disclosed by the State to Contractor which (i) is subject to
<br /> disclosure pursuant to the CORA; (ii) is already known to Contractor without restrictions
<br /> at the time of its disclosure by Contractor; (iii) is or subsequently becomes publicly
<br /> available without breach of any obligation owed by Contractor to the State; (iv) is
<br /> disclosed to Contractor, without confidentiality obligations, by a third party who has the
<br /> right to disclose such information; or (v) was independently developed without reliance
<br /> 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
<br /> CORA.
<br /> U. "Subcontractor" means third-parties, if any, engaged by Grantee to aid in performance
<br /> of 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
<br /> or unfinished, including drafts. Work Product includes, but is not limited to, documents,
<br /> text, software (including source code), research, reports, proposals, specifications, plans,
<br /> notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
<br /> surveys, maps, materials, ideas, concepts, know-how, information, and any other results
<br /> Contract No.CTGG1 2019-130 Page 5 of 23
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