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<br />purposes (I) the copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to <br />any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade <br />secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or <br />sub grant; and (2) any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a <br />contractor purchases ownership with grant support. <br /> <br />PERFORMING AGENCY may publish the results of the contract performance, ifthose results are subject to <br />copyright law, at its expense with prior RECEIVING AGENCY review and approval. RECEIVING AGENCY will <br />not withhold the approval unreasonably. If RECEIVING AGENCY withholds approval, PERFORMING AGENCY <br />may still publish the results of the contract performance but shall not reference the Texas Department of Health <br />in any manner. If RECEIVING AGENCY approves and owns the copyright, any publication should include "iiJ <br />(the year of publication), Texas Department of Health, All Rights Reserved." If PERFORMING AGENCY is the <br />copyright holder, any publication shall include acknowledgment of the support received from RECEIVING <br />AGENCY. At least six copies of any such publication must be provided to RECEIVING AGENCY. RECEIVING <br />AGENCY reserves the right to require additional copies before or after the initial review. <br /> <br />PERFORMING AGENCY and any subrecipient, as appropriate, must comply with the standard patent rights <br />clauses in 37 Code of Federal Regulations ~401.14 or Federal Acquisition Regulations 52.227.11. <br /> <br />ARTICLE 9. Historically Underutilized Businesses <br /> <br />RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, and 1 TAC ~~111.11-111.24 <br />et seq., 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 /> <br />If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a <br />good faith effort to subcontract with HUBs during the performance of its contract Attachment( s) with RECEIVING <br />AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY. <br /> <br />ARTICLE 10. Conflict ofInterest <br /> <br />PERFORMING AGENCY does not have nor shall it knowingly acquire any interest that would conflict in any <br />manner with the performance of its obligations under this contract. Potential conflicts of interest include an <br />existing business or personal relationship between PERFORMING AGENCY, its principal, or any affiliate or <br />subrecipient with RECEIVING AGENCY, its board members, officers or employees, or any other entity or person <br />involved in any way in any project that is the subject of this contract. <br /> <br />ARTICLE 11. Certification of Software. Hardware. Finnware and Micro Code Products <br /> <br />PERFORMING AGENCY certifies that any supplied or supported software, hardware, firmware, and micro <br />code products used individually or together as a system to comply with RECEIVING AGENCY contract <br />requirements will operate "accurately" in the manner in which they were intended when given a "valid date" <br />containing century, year, month, and day. <br /> <br />For purposes of this Article, "supplied or supported software, hardware, firmware, and micro code products" <br />does not include software supported by RECEIVING AGENCY or an agency of the federal government. <br /> <br />(LGS) <br /> <br />2001 GENERAL PROVISIONS Page 8 <br /> <br />4/00 <br />