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<br /> Agreement. terminate thll Agreement. with or without CIUI8 upon 30 days written notJce epecIfyIng the .ffeotlve
<br /> date of IUClh termfna1lon. In the event of teI'mNtlon. II ftnI8hed or unftnJehed documenta, data. etudf" mape.
<br /> photographs. reports, and meterf8aa (hereafter referred to a. meterlaf8) prepared by 'Contractor under thIa
<br /> Agreement 8heQ become the property of the Commlselon and wit be promptly delvered to the ConvnIulon. In
<br /> U'\e 'event of tarmln8tlon, Contractor shel be paid for II work aatlafactorly performed lid tennlnatlon. In the
<br /> event that the CommlsBlon makaa any advenoe paymanta, Contractor agrees to refund any amounts In excel8 of
<br /> the amount owed by the Commtsslon at the time of contract termination. Such pa~ent shall be that portion of
<br /> the full payment, which Is determined by comparing the workJseMceS completed 8StIafactortfy to the
<br /> work/services required by the Agreement.
<br /> 12. RecGIlM
<br /> A. Contractor agrees to provide to the Commission, to any Federal or State depaJ1ment having momtortng 01
<br /> reviewing authorlty, to Comml88lon's authortzed representatives and/or their appropriate audit agenole& upon
<br /> , reasonable notice, aoceu to end Che light to examine and audit aU records and documents necessary to
<br /> detern\k'\e compIIence wltt\ relevant Federal, Steta, and Iocat statUtes, Mea and r&mJIattons, and this
<br /> Agr8$ment, and to evaluate the quaflty, appropriateness and timeliness of seMces perfonned.
<br /> B. Contractor shal maintain and preserve alf records refaUn9 to this Agreement In Its possession of any third
<br /> party performing work related to this Agreement tor a period of three (3) years from the termination date of
<br /> this Agreement, or until audit findings are resolved, whichever Is greater.
<br /> C. Contractor shall notify Commission staff of all Instances and/or requests lor data dlscfosure.
<br /> 13. 'nteU8Ctual ProDertv
<br /> All products and concepts, however recorded, prepared or generated by the Contractor In the performance of this
<br /> Agreement shan be the exclusive property of the CommJssIon. The term "product'" as used In the Agreement shat
<br /> ~ Include, but will not be limited to. documentation. findings, design, report. form, evaluation, method of anatyals.
<br /> ';,.~ system, software developed, design documents and concepts related to the work under this Agreement ThIe
<br /> ". Agreement Shall preclude Contrador from usJng or marketfng products developed 0( originated for !he
<br /> Commission hereunder unless and until the parties execute a marketlng agreement. All products, inventions.
<br /> discoveries and improvements developed In the performance of Ill's Agreement whfte using Commlsalon
<br /> ..;I.. facilities. including hardware and software shall be the property of the Commission. It shaH be presumed that MY
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<br /> ~. product, Invention, discovery or Improvement was devetoped using Commission facilities unless Contractor Is
<br /> '''', . able to show'by documented proof that such product, invention. discovery or ifnprovement was developed soJeay
<br /> with Contractor's facilities. If such product. invention, discovery 0( Improvement shad be detennlned to be the
<br /> property of Contractor, Commission shaD be granted a nonexclusive, irrevocable, royalty free lcense to use saki
<br /> product. invention, discovery or Improvement.
<br /> The Contractor agrees to abide by the Commission poflcy and prooedures relating to Intettectua' property. Such
<br /> polley Is Incorporated by reference and attached hereto as Exhibit D.
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<br /> 14. ComDUance wWl ADDIIcabIe Laws .
<br /> AM 88fVice$ to be performed by Contractor pursuant to this Agreement shall be perfonned In accordance with al
<br /> appllcabte Federal, State, County and Munlcfpallaws, ordinances, regutations, Including but not limited to
<br /> appropriate licensure, certification regulations, oonfldentlaHty requirements and appticabJe quaHty assurance
<br /> regulations.
<br /> 15. PrOGram "onlt~rlna and avaluatlon
<br /> Contractor shaH track achievement of program objectives end the process and outcome measures for this project
<br /> u they lI'e de8crlbed In the scope of work, sa attached pursuant to this Agreement. ~ ahaI cooperate
<br /> with any Evatuetor htred by the Commfseaon to aid In the evaluation process. Contractor aha. colIeot c8ent !&vet
<br /> date for &ach funded year and shall partlolpate In a countyNlde and statewide evaluation of the effectlveneaa of
<br /> Proposttlon 10 efforts, whether It occurs dlrlng or after the term of this contract. Contractor sha' submit reports
<br /> 88 reqUtlted by the executive Director or the Evaluator, and comply with reports 88 required In the progr:am
<br /> Handbook, whICh Include the following:
<br /> 1. A semI-annual and vear-end D1'OOfeu reoort of each funded year.
<br /> 2. An evaluation DI~ within 90 days of the effective date of this oontraot, thereby being
<br /> due January 01, 2006, or 88 agreed upon by the Executive Director, after consultation
<br /> wtth the Chair of th& Commission.
<br /> 3. An evaluation reDQJj every 18 months or as agreed upon by the Evaluation Director.
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