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f~'- material, PERFORMING AGENCY may copyright such material subject to any rights to same reserved by or vested in the federal or state government or any agency thereof; however, PERFORMING AGENCY may grant to RECEIVING AGENCY limited rights to produce, publish, and use such materials as appropriate. The rights reserved by or vested in the federal or state government or any agency thereof consist of the following: The federal or state government or any agency thereof reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes (a) the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant, and (b) any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. PERFORMING AGENCY may publish at its expense-the results of contract performance with prior RECEIVING AGENCY review and approval. Any publication (written, visual, or sound) should include acknowledgment of the support received from RECEIVING AGENCY and the appropriate federal agency, if applicable. At least three copies of any such publication must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies before or after the initial review. PERFORMING AGENCY and any subcontractor, as appropriate, must comply with the standard patent rights clauses in 37 CFR Sec. 401.14 or FAR 52.227.11. ARTICLE 22. Hold Harmless PERFORMING AGENCY, as an independent contractor, agrees to hold RECEIVING AGENCY and/or federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and shall pay all.costs, fees and damages to the extent that such costs, fees and damages arise from performance or non-performance of PERFORMING AGENCY und~r this contract. Likewise, RECEIVING AGENCY, as a state governmental agency, agrees to hold PERFORMING AGENCY harmless and to indemnify it against any and all liability, suits, claims, losses, damages and judgments to the extent authorized by the governmental liability provisions of Title 5 of the Civil Practices and Remedies Code, Vernon's Texas Codes Annotated. PERFORMING AGENCY, by acceptance of funds provided through contract Attachment(s) , agrees and ensures that personnel paid from these funds are duly licensed and/or qualified to perform the required services. ARTICLE 23. Bondinq PERFORMING AGENCY is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under the contract Attachment(s) up to $100,000 that protects each employee of the PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such funds. The fidelity bond or insurance will provide for indemnification of losses occasioned by: (1) any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees either individually or in concert with others, and/or, (2) failure of PE-RFORMING AGENCY or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. ARTICLE 24. Historically Underutilized Businesses PERFORMING AGENCY agrees to take affirmative steps to ensure that Historically Underutilized Businesses (HUBs) are utilized whenever possible. A HUB incl udes : (a) A corporation formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more persons who are socially (Independent) 1996 GENERAL PROVISIONS - Page 10 (5/95)