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EIAF #8550 — Louisville MAC Gym Expansion
<br />State or Grantee the right to use such products and services, (b) replace any Goods, Services, or other
<br />product involved with non -infringing products or modify them so that they become non -infringing, or,
<br />(c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods,
<br />Services, or products and refund the price paid therefore to the State
<br />16. NOTICES and REPRESENTATIVES
<br />Each individual identified below is the principal representative of the designating Party. All notices required to
<br />be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
<br />Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy
<br />notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from
<br />time to time designate by written notice substitute addresses or persons to whom such notices shall be sent
<br />Unless otherwise provided herein, all notices shall be effective upon receipt
<br />A. State:
<br />B. Grantee:
<br />Chantal Unfug, Division Director
<br />Division of Local Government
<br />Colorado Department of Local Affairs
<br />1313 Sherman Street, Room 521
<br />Denver, Colorado 80203
<br />Email chantal unfug@state co.us
<br />Robert Muckle, Mayor
<br />City of Louisville
<br />749 Main Street
<br />Louisville, Colorado 80027
<br />Email bobm@louisvilleco gov
<br />17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
<br />This section ❑ shall 1® shall not apply to this Grant
<br />Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
<br />materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its
<br />obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered
<br />to the State by Grantee upon completion or termination hereof The State's exclusive rights in such Work
<br />Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative
<br />works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose
<br />other than the performance of Grantee's obligations hereunder without the pnor written consent of the State.
<br />18. GOVERNMENTAL IMMUNITY
<br />Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied,
<br />of any of the immunities, rights, benefits, protection, or other provisions of the GIA Liability for claims for
<br />injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions,
<br />agencies, boards, officials, and employees is controlled and limited by the provisions of the GIA and the risk
<br />management statutes, CRS §24-30-1501, et seq , as amended
<br />19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
<br />If the maximum amount payable to Grantee under this Grant is greater than $100,000 either on the Effective
<br />Date or at anytime thereafter, this §19 applies
<br />Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601,
<br />§24-103 5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion
<br />of Grant performance information in a statewide Contract Management System.
<br />Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
<br />this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance Evaluation
<br />and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's
<br />performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation
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