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<br />developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a
<br />grantee, subgrantee or a contractor purchases ownership with grant support.
<br />PERFORMING AGENCY may publish at its expense the results of contract performance with prior RECEIVING
<br />AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication should include "<C)
<br />Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the year of publication), All Rights Reserved. "
<br />If the PERFORMING AGENCY is the copyright holder, any publication shall include acknowledgment of the support
<br />received from RECEIVING AGENCY. At least six copies of any such publication must be provided to RECEIVING
<br />AGENCY. RECEMNG AGENCY reserves the right to require additional copies before or after the initial review.
<br />PERFORMING AGENCY and any subcontractor, as appropriate, must comply with the standard patent rights clauses
<br />in 37 Code of Federal Regulations §40 1.14 or Federal Acquisition Regulations 52.227.11.
<br />ARTICLE 23. Hold Harmless
<br />
<br />PERFORMING AGENCY, as an independent contractor, agrees to hold RECEIVING AGENCY andlor the federal
<br />government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments,
<br />and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or
<br />non-performance of PERFORMING AGENCY under this contract. PERFORMING AGENCY's agreement to
<br />indemnify RECEIVING AGENCY is limited to the extent permitted under Title 5 of the Civil Practice and Remedies
<br />Code, VTCA, and to the extent allowed by any other laws. RECEIVING AGENCY, as a state governmental agency,
<br />agrees to hold PERFORMING AGENCY harmless and to indemnify it against any and all liability, suits, claims,
<br />losses, damages and judgments that arise from the performance or non-performance of RECEIVING AGENCY under
<br />this contract to the extent authorized by the governmental liability provisions of Title 5 of the Civil Practice and
<br />Remedies Code, VTCA, and to the extent allowed by any other laws.
<br />PERFORMING AGENCY, by acceptance of funds provided through contract Attachment(s), agrees and ensures that
<br />personnel paid from these funds are duly licensed and/or qualified to perform the required services.
<br />ARTICLE 24. Bondin~
<br />
<br />PERFORMING AGENCY is required to carry a fidelity bond or insurance coverage equal to the amount of funding
<br />provided under the contract Attachment(s) up to $100,000 that covers each employee of the PERFORMING AGENCY
<br />handling funds under this contract, including person(s) authorizing payment of such funds. The fidelity bond or
<br />insurance will provide for indemnification of losses occasioned by: 1) any fraudulent or dishonest act or acts
<br />committed by any of PERFORMING AGENCY's employees, either individually or in concert with others, and/or
<br />2) failure of PERFORMING AGENCY or any of its employees to perform faithfully his/her duties or to account
<br />properly for all monies and property received by virtue of his/her position or employment.
<br />ARTICLE 25. Historically Underutilized Businesses
<br />
<br />RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, and 1 Texas
<br />Administrative Code (TAC) §§1l1.1l-1l1.24, whereby state agencies are required to make a good faith effort to assist
<br />historically underutilized businesses (HUBs) in receiving contract awards issued by the state to purchase" goods, "
<br />which are derIDed as "supplies, materials, or equipment," services, or public works.
<br />A HUB is derIDed in the Texas Government Code §2161.001(2), VTCA, as:
<br />(Independent) 1998 GENERAL PROVISIONS Page 13 (8/97)
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