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potential conflict of interest to the contract manager assigned to the Program Attachment within ten (10) days
<br />of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor
<br />shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of
<br />interest the subcontractor has or may have within ten (10) days of when the subcontractor becomes aware of
<br />the actual or potential conflict of interest.
<br />Section 13.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any
<br />transactions between Contractor and a related party that is part of the work that the Department is purchasing
<br />under this Contract before entering into the transaction or immediately upon discovery. Contractor shall
<br />submit to the contract manager assigned to the Program Attachment the name, address and telephone number
<br />of the related party, how the party is related to Contractor and the work the related party will perform under
<br />this Contract. A related party is a person or entity related to Contractor by blood or marriage, common
<br />ownership or any association that permits either to significantly influence or direct the actions or policies of
<br />the other. Contractor, for purposes of reporting transactions between related parties, includes the entity
<br />contracting with the Department under this Contract as well as the chief executive officer, chief financial
<br />officer and program director of Contractor. Contractor shall comply with Tex. Gov. Code Chapter 573.
<br />Contractor shall maintain records and supply any additional information requested by the Department,
<br />regarding a transaction between related parties, needed to enable the Department to determine the
<br />appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which
<br />may include 45 CFR part 74, OMB Circ. No. A -110, 2 CFR § 215.42, and UGMS.
<br />Section 13.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to protect
<br />intellectual property developed as a result of this Contract.
<br />a) "Intellectual property" means created property that may be protected under copyright, patent, or
<br />trademark/service mark law.
<br />b) For purposes of this Contract intellectual property prepared for DSHS use, or a work specially ordered
<br />or commissioned through a contract for DSHS use is "work made for hire." DSHS owns works made
<br />for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work
<br />may not, by operation of law, vest in DSHS, or such work may not be considered a work made for
<br />hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. DSHS has the right
<br />to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as
<br />may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall
<br />give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas,
<br />all assistance required to perfect the rights defined herein without charge or expense beyond those
<br />amounts payable to Contractor for goods provided or services rendered under this Contract.
<br />c) If federal funds are used to finance activities supported by this Contract that result in the production of
<br />intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and
<br />irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal
<br />government purposes (1) the copyright in any intellectual property developed under this Contract,
<br />including any subcontract; and (2) any rights of copyright to which a Contractor purchases ownership
<br />with contract funds. Contractor shall place an acknowledgment of federal awarding agency grant
<br />support and a disclaimer, as appropriate, on any publication written or published with such support
<br />and, if feasible, on any publication reporting the results of or describing a grant- supported activity. An
<br />acknowledgment must be to the effect that "This publication was made possible by grant number
<br />from (federal awarding agency)" or "The project described was supported by grant number
<br />from (federal awarding agency)" and "Its contents are solely the responsibility of the authors
<br />and do not necessarily represent the official views of the (federal awarding agency)."
<br />d) If the terms of a federal grant award the copyright to Contractor, DSHS reserves a royalty -free,
<br />nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to
<br />authorize others to use, for DSHS, public health, and state governmental noncommercial purposes (1)
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