CT2019-3687 Contract

• Contract/PO #: CT2019-3687
• Contractor Name: Central Colorado Water Conservancy District, Groundwater Management Subdistrict
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

has done so, as directed by the State. If Borrower is prevented by law or regulation from
returning or destroying State Confidential Information, Borrower warrants it will guarantee
the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Borrower becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. Unless Borrower can establish that none of
Borrower or any of its agents, employees, assigns or Subcontractors are the cause or source
of the Incident, Borrower shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Borrower shall take steps to reduce
the risk of incurring a similar type of Incident in the future as directed by the State, which
may include, but is not limited to, developing and implementing a remediation plan that is
approved by the State at no additional cost to the State. The State may, in its sole discretion
and at Borrower's sole expense, require Borrower to engage the services of an independent,
qualified, State-approved third party to conduct a security audit. Borrower shall provide the
State with the results of such audit and evidence of Borrower's planned remediation in
response to any negative findings.
E. Data Protection and Handling
Borrower shall ensure that all State Records and Work Product in the possession of
Borrower or any Subcontractors are protected and handled in accordance with the
requirements of this Contract, including the requirements of any Exhibits hereto, at all
times.
16. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Borrower shall not engage in any business or activities, or maintain any relationships that
conflict in any way with the full performance of the obligations of Borrower under this
Contract. Such a conflict of interest would arise when a Borrower's employee, officer or
agent were to offer or provide any tangible personal benefit to an employee of the State, or
any member of his or her immediate family or his or her partner,related to the award of,entry
into or management or oversight of this Contract.
B. Apparent Conflicts of Interest
Borrower acknowledges that,with respect to this Contract, even the appearance of a conflict
of interest shall be harmful to the State's interests. Absent the State's prior written approval,
Borrower shall refrain from any practices, activities or relationships that reasonably appear
to be in conflict with the full performance of Borrower's obligations under this Contract.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Borrower is uncertain whether a
conflict or the appearance of a conflict has arisen, Borrower shall submit to the State a
disclosure statement setting forth the relevant details for the State's consideration. Failure to
promptly submit a disclosure statement or to follow the State's direction in regard to the
actual or apparent conflict constitutes a breach of this Contract.
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