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<br /> Agreement. terminate thta Agraement. with or without cause upon 30 days written notice specifying the effective
<br /> date of such termination. In the event of termination. a. finished or unfinished documents. data. studies. mape,
<br /> photographs. reports. and materials (hereafter. refe.....d ..to a8 materials) prepared by' Contractor under thfa
<br /> Agreement shall become the property of the Commission and shall be promptly delivered to the Commission. In
<br /> the event of termination. Contractor shall be paid for an work satisfactorily performed untU termination. In th&
<br /> event that the Commission makes any advance payments, Contractor agrees to refund any amounts In excess 01
<br /> the amount owed by the Commission at the time of contract termination. Such payment shall be that portion 01
<br /> the full payment, which Is determined by comparing the work/services completed satisfactorily to the
<br /> work/services required by the Agreement,
<br /> 12. Records
<br /> A. Contractor agrees to prOVide to the Commission, to any Federal or State department having monitoring or
<br /> reviewing authority, to Commission's authorized representatives and/or their appropriate audit agencies upon
<br /> reasonable notice, access to and the right to examine and audit all records and documents necessary to
<br /> determine compliance with relevant Federal, State, and local statutes, rules and reg~atlons, and this
<br /> Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.
<br /> B. Contractor shall maintain and preserve all records relating to this Agreement In its possession of any third
<br /> party performing work related to this Agreement for 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 for data disclosure.
<br /> 13. Intellectual PropertY
<br /> All products and concepts, however recorded, prepared or generated by the Contractor in the performance of this
<br /> Agreement shall be the exclusive property of the Commission. The term -product- as used In the Agreement shal
<br />" Include, but will not be limited to, documentation, findings. design, report, form, evaluation, method of analysis,
<br />. ., 'J'~ system, software developed, design documents and concepts related to the work under this Agreement ThIs
<br /> Agreement shall preclude Contractor from using or marketing products developed or originated for the
<br />'+ ", Commission hereunder unless and until the parties execute a marketing agreement All products, inventions,
<br /> discoveries and Improvements developed in the performance of this Agreement while using Commission
<br /> faelllUes, including hardware and software shall be the property of the Commission. It shall be presumed that any
<br />i!)f product. invention, discovery or Improvement was developed using Commission facilities unless Contractor Is
<br />'f~ . . able to show'by documented proof that such product, Invention. discovery or l,nprovement was developed solely
<br /> with Contractor's facilities. If such product, Invention, discovery or Improvement shall be determined to be the
<br /> property of Contractor, Commission shall be granted a nonexclusive, irrevocable, royalty free license to use said
<br /> product, invention, discovery or Improvement
<br /> The Contractor agrees to abide by the Commission policy and procedures relating to Intellectual property. Such
<br /> policy Is Incorporated by reference and attached hereto as exhibit D.
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<br /> 14_ Compliance with ADDllcable Laws.
<br /> All services to be performed by Contractor pursuant to this Agreement shall be performed In accordance with al
<br /> applicable Federal, State, County and Municipal laws, ordinances, regulations, Including but not limited to
<br /> appropriate licensure, certification regulations, confidentiality requirements and applicable quality assurance
<br /> regulations.
<br /> 15. ProQram "'onlto~'lla and lvaluatlQn
<br /> Contraotor shall track achievement of program objeotlves and the process and outcome measures tor this project
<br /> as they are described In the scope of work. as attached pursuant to this Agreement. Contractor shall cooperate
<br /> with any Evaluator hired by the Commission to aid In the evaluation process. Contractor shall collect client level
<br /> data for each funded year and shall participate In a count~lde and statewide evaluation of the effectiveness of
<br /> Proposition 10 efforts, whether It occurs during or after the term of this contract. Contractor shall submit reports
<br /> 8S requested by the executive Director or the Evaluator, and comply with reports as required In the Prog~am
<br /> Handbook. which Include the fOllOWing:
<br /> 1. A semi-annual and year-end orogress reoort of each funded year.
<br /> 2. An evaluation olen within 90 days of the effective date of this contract, thereby being
<br /> due January 01, 2005, or as agreed upon by the executive Director. after consultation
<br /> with the Chair of the Commission.
<br /> 3. An evaluation renort every 18 months or as agreed upon by the Evaluation Director.
<br /> NA.........'.&f__~.. ___.. ___..... "'__J.___t.__ ___ . . _ . u . -.. - .- . - _.'-"
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