AgdaPkt 2008-10-27 Clsd and Reg - Laserfiche WebLink

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6.3A Page 31 withhold disbursements to Project Sponsor or take any other action it deems necessary to protect its interests. 69. DELIVERY OF INFORMATION, REPORTS AND DATA: Project Sponsor agrees to expeditiously provide, during work on Project and throughout the term of this Implementation Agreement, such reports, data, information, and certifications as may be reasonably required by BACW A. 70. RIGHTS IN DATA: Project Sponsor agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Implementation Agreement shall be in the public domain. Project Sponsor may disclose, disseminate, and use in whole or in part any final form data and information received, collected, and developed under this Implementation Agreement, subject to appropriate acknowledgment of credit to DWR and BACW A for financial support. Project Sponsor shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. 71. DISPOSITION OF EQUIPMENT: Project Sponsor shall provide to BACW A, not less than thirty (30) days prior to submission of Project Sponsor's fmal invoice to BACW A, a final inventory list of equipment purchased with State Grant funds provided by BACW A. Project Sponsor shall consult with BACW A on the scope of the inventory not less than sixty (60) days prior to the submission of the final invoice. The inventory shall include all items with a current estimated fair market value of more than $500 per item and which are not an integral part of Project, to be permanently installed and dedicated solely to Project. Within one- hundred (100) days of receipt of such inventory, BACW A shall provide Project Sponsor with a list of the items on the inventory that DWR will take title to. All other items shall become the property of Project Sponsor~ DWR shall arrange for delivery from Project Sponsor of items that it takes title to. Cost of transportation, if any, shall be borne by DWR. 72. COMPUTER SOFTWARE: Project Sponsor certifies that it has appropriate systems and controls in place to ensure that State Grant fimds will not be used in the performance of this Implementation Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. 73. TIMELINESS: Time is of the essence in this Implementation Agreement. 74. AMENDMENT: No amendment or variation of the terms of this Implementation Agreement shall be valid unless made in writing, signed by BACW A and Project Sponsor, and approved as required. No oral understanding or agreement not incorporated in this Implementation Agreement is binding on BACW A or Project Sponsor. 75. SEVERABILITY OF UNENFORCEABLE PROVISION: If any provision of this Implementation Agreement is held invalid or unenforceable by a court of (009CI7092} 27