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l . " "3~ ~ AGENCY for the performance of any subcontractor. In addition, if PERFORMING AGENCY elects to enter into an agreement which subcontracts out a substantial portion of PERFORMING AGENCY's Scope of Work, prior written approval must be obtained from RECEIVING AGENCY. ARTICLE 21. Copvriqhts, Publications, and Patents PERFORMING AGENCY understands and agrees that where activities supported by the contract Attachment(s) produce original books, manuals, films, computer programs (including executable computer programs and supporting data in any form), or other original material, PERFORMING AGENCY may copyright such material subject to any rights to same reserved by or vested in the federal government or any agency thereof; however, RECEIVING AGENCY may grant to PERFORMING AGENCY limited rights to produce, publish, and use such materials as appropriate. 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, which is not a state agency, assures that it is an independent contractor and not an agent, servant, or employee of the state. Except to the extent that Chapter 104 of the Texas Civil Practice and ~Remedies Code is applicable to this contract, PERFORMING AGENCY agrees to hold RECEIVING AGENCY and/or federal government harmless and to indemnify them from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the performance of services by PERFORMING AGENCY under this contract to the extent allowed by law, and to the extent of damages permitted under Chapter 101 of the Texas Civil Practice and Remedies Code. 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 , Each person employed by PERFORMING AGENCY who handles funds under this contract, including persons authorizing payment of such funds, will be covered by the terms of a fidelity bond providing 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 PERFORMING 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. This fidelity bond will be in the amount of not less than Ten Thousand Dollars ($10,000). In the event that PERFORMING AGENCY, being an independent contractor, maintains a self-insurance program that provides for the indemnification of losses as described in the above paragraph regarding fidelity bonds, then PERFORMING AGENCY will provide the RECEIVING AGENCY a certified statement which summarizes its self-insurance plan. The certified statement will be submitted at the time this contract is submitted for approval. Any changes to said plan, which occur during the term of this contract period, will be reported to RECEIVING AGENCY. The 1994 GENERAL PROVISIONS - Page 9 (5/93)