2000-136-RES ACCEPTING GRANT A WARD FOR "FY 2000-2001 SOLID

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Attachment D Standard Provisions and Assurances party without paying any required royalty or patent fees. CONTRACTOR warrants that it has full title in and ownership of the Intellectual Property and any enhancements, updates or other modifications, or that it has full power and authority to grant all licenses granted herein, and that such license use by the ATCOG will in no way constitute an infringement or other violation of any Intellectual Property right of any third party. CONTRACTOR warrants that it shall have, throughout any applicable license term hereunder, free and clear title to, or right to possess, use sell, transfer, assign, license, or sublicense, products that are licensed or provided hereunder to the A TCOG by CONTRACTOR. Except as permitted in the Agreement, CONTRACTOR shall not create or permit the creation of any lien, encumbrance, or security interest in the work or any part thereof, or any product licensed or provided hereunder to A TCOG for which title has not yet passed to A TCOG, without the prior written consent of A TCOG . CON T R ACT 0 R represents and warrants to A TCOG that neither it or any other company or individual performing the work is under any obligation to assign or give to any third party any Intellectual Property rights granted or assigned to ATCOG, or reserved by ATCOG, pursuant to the Agreement. 27.5.1.8. CONTRACTOR expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements under section 2157.005 of the Government Code, relating to accessibility by persons with visual impairments. Accordingly, the CONTRACTOR represents and warrants to A TCOG that the technology provided to the A TCOG for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for nonvisual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities 50