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K. Unless otherwise agreed to in this Interagency Contract,or in a written amendment executed and
<br /> approved pursuant to Fiscal Rules of the State of Colorado,the parties agree that all material,
<br /> information,data,computer software, documentation,studies,and evaluations produced in the
<br /> performance of this Interagency Contract for which the CDPHE has made a payment under this .
<br /> Interagency Contract are the sole property of the CDPHE.
<br /> L. If any copyrightable material is produced under this Interagency Contract,then the CDPHE,and
<br /> any applicable federal funding entity,shall have a paid in full, irrevocable,royalty free,and non-
<br /> exclusive license to reproduce,publish,or otherwise use,and authorize others to use,the
<br /> copyrightable material for any purpose authorized by the Copyright Law of the United States as
<br /> now or hereinafter enacted. Upon the written request of the CDPHE,the CDNR/DMG shall
<br /> provide the CDPHE with three(3)copies of all such copyrightable material.
<br /> M. If required by the terms and conditions of a federal or state grant,the CDNR/DMG shall obtain the
<br /> prior approval of the CDPHE and all necessary third parties prior to publishing any materials
<br /> produced under this Interagency Contract. If required by the terms and conditions of a federal or
<br /> state grant,the CDNR/DMG shall also credit the CDPHE and all necessary third parties with
<br /> assisting in the publication of any materials produced under this Interagency Contract.
<br /> N. Neither the CDNR/DMG nor the CDPHE shall be liable to the other for any delay in,or failure of
<br /> performance of,any covenant or promise contained in this Interagency Contract;nor shall any
<br /> delay or failure constitute default or give rise to any liability for damages if,and only to the extent
<br /> that,such delay or failure is caused by a supervening cause. As used in this Interagency Contract,
<br /> "supervening cause" is defined to mean: an act of God,fire,explosion,action of the elements,
<br /> strike, interruption of transportation,rationing,court action,illegality,unusually severe weather,
<br /> war,or any other cause which is beyond the control of the affected party and which,by the
<br /> exercise of reasonable diligence,could not have been prevented by the affected party.
<br /> O. To the extent that this Interagency Contract may be executed and performance of the obligations of
<br /> the parties may be accomplished within the intent of this Interagency Contract,the terms of this
<br /> Interagency Contract are severable. If any term or provision of this Interagency Contract is
<br /> declared invalid by a court of competent jurisdiction,or becomes inoperative for any other reason,
<br /> then such invalidity or failure shall not affect the validity of any other term or provision of this
<br /> Interagency Contract.
<br /> P. The waiver of a breach of a term or provision of this Interagency Contract shall not be construed as
<br /> a waiver of a breach of any other term or provision of this Interagency Contract or,as a waiver of
<br /> a breach of the same term or provision upon subsequent breach.
<br /> Q. Except as otherwise provided for herein,this Interagency Contract shall inure to the benefit of,and
<br /> be binding upon,the parties hereto and their respective successors and assigns.
<br /> R. Unless otherwise provided for in this Interagency Contract,the CDNR/DMG shall notify the
<br /> CDPHE,within five(5)working days after being served with a summons, complaint,or other
<br /> pleading in a case which involves any services provided under this Interagency Contract and which
<br /> has been filed in any federal or state court or administrative agency. The CDNR/DMG shall
<br /> immediately deliver copies of any such documents to the CDPHE.
<br /> S. This Interagency Contract is subject to such modifications as may be required by changes in
<br /> applicable federal or state law,or federal or state implementing rules,regulations,or procedures of
<br /> that federal or state law. Any such required modification shall be automatically incorporated into,
<br /> and be made a part of,this Interagency Contract as of the effective date of such change as if that
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