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<br />reimbursable and are not eligible expenditures under the terms and conditions of this Agreement.
<br />This is in accordance with the provisions of Section 24-30-202(3), C.R.S., as amended.
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<br />ARTICLE 15. INSURANCE
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<br />It is covenanted and agreed by the Consultant that during the course of the services to be
<br />undertaken, the Consultant shall maintain in full force and effect Workmen's Compensation and
<br />Employer's Liability Insurance as required by applicable law and in addition, Comprehensive
<br />General Liability, and Property Damage Insurance from and against all claims, damages, losses or
<br />expenses, including attorney's fees, arising out of or resulting from the performance of the said
<br />services, with minimum coverages to be determined by the CWCS, and provided that any such
<br />claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to
<br />injury to or destruction of tangible property, including the loss of use resulting therefrom, and is
<br />caused in whole or in part by any negligent act or omission of Consultant, subcontractor or
<br />associate thereof, anyone directly or indirectly employed by Consultant, or anyone for whose acts
<br />any of them may be liable, regardless of whether or not it is caused in whole or in part by a party
<br />indemnified hereunder.
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<br />Consultant shall submit a Certificate of Insurance listing the CWCS as additional insured and
<br />submitting the endorsement of such to the CWCS evidencing such insurance poliCies and notices of
<br />renewals of said policies as they occur shall be forwarded to the address first given above at the
<br />signing of this Agreement.
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<br />ARTICLE 16. SOFTWARE PIRACY
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<br />No state or other public funds payable under this Agreement shall be used for the acquisition,
<br />operation or maintenance of computer software in violation of the United States copyright laws or
<br />applicable licensing restrictions. The Consultant hereby certifies that, for the term of this
<br />Agreement and any extensions, the Consultant has in place appropriate systems and controls to
<br />prevent such improper use of public funds. If the CWCS determines that the Consultant is in
<br />violation of this paragraph, the CWCS may exercise any remedy available at law or equity or
<br />under this Agreement, including, without limitation, immediate termination of the Agreement and
<br />any remedy consistent with the United States copyright laws or applicable licensing restrictions.
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<br />ARTICLE 17. RIGHTS IN DATA, DOCUMENTS AND COMPUTER SOFTWARE
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<br />Any software, research, reports, studies, data, photographs, negatives or other documents,
<br />drawings or materials prepared by Consultant in the performance of its obligations under this
<br />agreement shall be the exclusive property of the CWCS and all such materials shall be delivered to
<br />the CWCS by the Consultant upon completion, termination, or cancellation of this Agreement.
<br />Consultant may, at its own expense, keep copies of all its writings for its personal files. Consultant
<br />shall not use, willingly allow, or cause to have such materials used for any purpose other than the
<br />performance of Consultant's obligations under this Agreement without the prior written consent of
<br />the ewcs; provided, however, that Consultant shall be allowed to use non-confidential materials for
<br />writing samples in pursuit of the work. The ownership rights described herein shall include, but not
<br />be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use
<br />the works.
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<br />ARTICLE 18. SPECIAL PROVISIONS
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<br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
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<br />This contract shall not be deemed valid untii it has been approved by the Controller of the State of
<br />Colorado or such assistant as he may designate.
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<br />2. FUND AVAILABILITY. eRS 24-30-202 (5.5)
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<br />Financial obligations of the State of Colorado payable after the current fiscal year are contingent
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