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<br /> If federal funds are used to finance activities supported by the contract Attachment( s) that result in the production
<br /> of original books, manuals, films, or other original material, the federal awarding agency reserves a royalty-free,
<br /> nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
<br /> federal government purposes (1) the copyright in any work developed under a grant, subgrant, or contract under
<br /> a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient
<br /> purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal
<br /> awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such
<br /> support and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An
<br /> acknowledgment shall 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 from
<br /> (federal awarding agency)" and "Its contents are solely the responsibility of the authors and do not necessarily
<br /> represent the official views of the (federal awarding agency)."
<br />
<br /> In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING
<br /> AGENCY reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
<br /> and to authorize others to use, for RECEIVING AGENCY and state government purposes (1) the copyright in any
<br /> work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to
<br /> which a grantee, subgrantee or a contractor purchases ownership with grant support.
<br /> PERFORMING AGENCY may publish the results of the contract performance at its expense with prior
<br /> RECEIVING AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication
<br /> should include "@ Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the year of publication),
<br /> All Rights Reserved." If the PERFORMING AGENCY is the copyright holder, any publication shall include
<br /> acknowledgment of the support received from RECEIVING AGENCY. At least six copies of any such publication
<br /> must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies
<br /> before or after the initial review.
<br /> PERFORMING AGENCY and any subrecipient, as appropriate, must comply with the standard patent rights
<br /> clauses in 37 Code of Federal Regulations §40 1.14 or Federal Acquisition Regulations 52.227.11.
<br /> ARTICLE 25. Bonding
<br />
<br /> PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the
<br /> amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of the
<br /> PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such
<br /> funds. The fidelity bond, insurance, or self-insurance will provide for indemnification of losses occasioned by: 1)
<br /> any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees, either
<br /> individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to
<br /> perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her
<br /> position or employment.
<br /> ARTICLE 26. Historically Underutilized Businesses
<br />
<br /> RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, and 1 TAC §§III.II-
<br /> 111.24 whereby state agencies are required to make a good faith effort to assist historically underutilized businesses
<br /> (HUBs) in receiving contract awards issued by the state to purchase "goods," which are defined as "supplies,
<br /> materials, or equipment," services, or public works.
<br /> (LGS) 1999 GENERAL PROVISIONS Page 15 4/98
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