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<br /> PO#:461002243
<br /> Routing#: 24-HA4-ZG-00107
<br /> ii. Confidential Information Indemnification
<br /> Disclosure or use of State Confidential Information by Contractor in violation of§10
<br /> may be cause for legal action by third parties against Contractor, the State, or their
<br /> respective agents. Contractor shall indemnify, save, and hold harmless the Indemnified
<br /> Parties, against any and all claims, damages, liabilities, losses, costs, expenses
<br /> (including attorneys' fees and costs) incurred by the State in relation to any act or
<br /> omission by Contractor,or its employees,agents,assigns,or Subcontractors in violation
<br /> of§10.
<br /> iii. Intellectual Property Indemnification
<br /> Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against
<br /> any and all costs, expenses, claims, damages, liabilities, and other amounts (including
<br /> attorneys' fees and costs) incurred by the Indemnified Parties in relation to any claim
<br /> that any Deliverable, Material or Service, software, or Work product provided by
<br /> Contractor under this Contract (collectively, "IP Deliverables"), or the use thereof,
<br /> infringes a patent, copyright, trademark, trade secret, or any other intellectual property
<br /> right. Contractor's obligations hereunder shall not extend to the combination of any IP
<br /> Deliverables provided by Contractor with any other product, system, or method, unless
<br /> the other product, system, or method is (a) provided by Contractor or Contractor's
<br /> subsidiaries or affiliates; (b) specified by Contractor to work with the IP Deliverables;
<br /> (c) reasonably required in order to use the IP Deliverables in its intended manner and
<br /> the infringement could not have been avoided by substituting another reasonably
<br /> available product, system, or method capable of performing the same function; or (d)
<br /> is reasonably expected to be used in combination with the IP Deliverables.
<br /> iv. Accessibility Indemnification
<br /> Contractor shall indemnify, save, and hold harmless the state, its employees, agents and
<br /> assignees (collectively, the "Indemnified Parties"), against any and all costs, expenses,
<br /> claims, damages, liabilities, court awards and other amounts (including attorneys' fees
<br /> and related costs) incurred by any of the Indemnified Parties in relation to Contractor's
<br /> failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for
<br /> Individuals with a Disability as established by the Office of Information Technology
<br /> pursuant to Section §24-85-103 (2.5), C.R.S.
<br /> V. Accessibility
<br /> i. Contractor shall comply with and the Work Product provided under this Contract shall
<br /> be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
<br /> the Accessibility Standards for Individuals with a Disability, as established by the
<br /> Governor's Office Of Information Technology (OIT), pursuant to Section §24-85-103
<br /> (2.5), C.R.S. Contractor shall also comply with all State of Colorado technology
<br /> standards related to technology accessibility and with Level AA of the most current
<br /> version of the Web Content Accessibility Guidelines (WCAG), incorporated in the
<br /> State of Colorado technology standards.
<br /> ii. The State may require Contractor's compliance to the State's Accessibility Standards
<br /> to be determined by a third party selected by the State to attest to Contractor's Work
<br /> Product and software is in compliance with §§24-85-101, et seq., C.R.S., and
<br /> the Accessibility Standards for Individuals with a Disability as established by the Office
<br /> of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S.
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