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<br /> cost, etc. <br /> PERFORMING AGENCY will maintain an annual property and inventory listing and <br /> submi t a report (TDH Form GC-ll) to RECEIVING AGENCY not later than 45 days <br /> from the end of the attachment(s) term(s). PERFORMING AGENCY will administer a <br /> program of maintenance, repair, and protection of assets under this <br /> attachment(s) so as to assure their full availability and usefulness. In the <br /> event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated <br /> for any loss of, destruction of, or damage to the assets provided under this <br /> attachment(s) , it will use the proceeds to repair or replace said assets. <br /> PERFORMING AGENCY agrees that upon termination of attachment(s) , title to any <br /> remaining equipment purchased from funds as hereinabove provided will be <br /> transferred to the RECEIVING AGENCY or any other party designated by the <br /> RECEIVING AGENCY; provided, however, that RECEIVING AGENCY may, at its option <br /> and to the extent allowed by law, transfer title to such property to the <br /> PERFORMING AGENCY. <br /> ARTICLE ~9. SubcontractinR. <br /> <br /> PERFORMING AGENCY may enter into agreements with subcontractors unless <br /> restricted or otherwise prohibited in specific attachment(s). Subcontracts, <br /> if any, entered into by PERFORMING AGENCY will be in writing and subject to <br /> the requirements of this contract. PERFORMING AGENCY agrees that it will be <br /> responsible to RECEIVING AGENCY for the performance of any subcontractor. In <br /> addition, if PERFORMING AGENCY elects to enter into an agreement which <br /> subcontracts out a substantial portion of PERFORMING AGENCY's Scope of Work, <br /> prior written approval must be obtained from RECEIVING AGENCY. <br /> ARTICLE 20. Copyri2hts and Publications <br /> <br /> PERFORMING AGENCY understands and agrees that where activities supported by <br /> the contract attachment(s) produce original books, manuals, films, computer <br /> programs (including executable computer programs and supporting data in any <br /> form), or other original material, PERFORMING AGENCY may copyright such <br /> material subject to any rights to same reserved by or vested in the federal <br /> government or any agency thereof; however, RECEIVING AGENCY may grant to <br /> PERFORMING AGENCY limited rights to produce, publish, and use such materials <br /> as appropriate. <br /> PERFORMING AGENCY may publish at its expense the results of contract <br /> performance with prior RECEIVING AGENCY review and approval. My publication <br /> (written, visual, or sound) should include acknowledgment of the support <br /> received from RECEIVING AGENCY and the appropriate federal agency, if <br /> applicable. At least three copies of any such publication must be provided to <br /> RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional <br /> copies before or after the initial review. <br /> ARTICLE 2~. 112!!! Harml e s s <br /> <br /> PERFORMING AGENCY, which is not a state agency, assures that it is an <br /> independent contractor and not an agent, servant, or employee of the state. <br /> Except to the extent that Chapter 104 of the Texas Civil Practice'and Remedies <br /> Code is applicable to this contract, PERFORMING AGENCY agrees to hold <br /> RECEIVING AGENCY and/or federal government harmless and to indemnify them from <br /> 1992 GENERAL PROVISIONS - Page 8 (5/91) <br />