1996-112-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP

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PERFORMING AGENCY agrees that upon tennination of applicable Attachment(s), title to any remaining equipment and supplies purchased from funds as hereinabove provided will be transfcrred to the RECEIVING AGENCY or any other party designated by the RECEIVING AGENCY; provided. however, that RECEIVING AGENCY may, at its option and to the extent allowed by law, transfer titlc to such property to the PERFORMING AGENCY. In the event of bankruptcy, PERFORMING AGENCY agrces to sever RECEIVING AGENCY property, equipment, and supplies in possession of PERFORMING AGENCY from thc bankruptcy. ARTICLE 20. .~l1hl"nntr~l'ting PERFORMING AGENCY may enter into agrcements with subcontractors unless restricted or otherwise prohibited in specific AttaChment(s). Subcontracts, if any, entered into by PERFORMING AGENCY must be in writing, be executed on an annual basis and include the following infonnation: 1) name and address of all panies, 2) well defined scope of work, 3) measurable method and rate of payment, 4) clearly defmed and executable tennination clause, and 5) have bcginning and ending dates coinciding with the dates of the applicable contract Attachment(s). PERFORMING AGENCY must ensure that 1) subcontracts include any clauses required by State/Federal statutes, executive orders, and their implementing regulations; and 2) subcontractors arc aware of requirements imposed upon them by State/Federal statutes and regulations. PERFORMING AGENCY will pass down audit requirements referenced in Article 10 to subcontractors where appropriate and will maintain records sufficient to ensure that required audits have been completed in accordance with applicable OMB circulars. PERFORMING AGENCY agrees that it will be responsible to RECEIVING 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. Copyrighh:1 Puhlil'~tinn,,=, :mrl Pntpnt~ PERFORMING AGENCY undemands and agrees that where activities supponed by the contract Attachments(s) produce original books, manuals, films, or other original material, PERFORMING AGENCY may copyright such material subject to the royalty-free, nonexclusive, and irrevocable license which is hereby retained by the federal government (if federal funds have been used) andlor RECEIVING AGENCY, state government or any agency thereof 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 suppon. Use of the copyright for government purposes iD.cludes the right to change the books, manuals, films, or other original material as necessary to use for governmental purposes. PERFORMING AGENCY may publish at its expcnse the results of contract performance with prior RECEIVING AGENCY review and approval. Any publication (written. visual. or sound) should include acknowledgment of the suppon 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 ~ 401.14 or FAR 52.227,11. ARTICLE 22. Hold Hormless To the extent authorized by law, PERFORMING AGENCY, as an independent contractor, agrees to hold RECEIVING AGENCY andlor federal government hann1ess and to indemnify them from any and all liability, suits, claims, losses, (urs) 1997 GENERAL PROVISIONS - Page 9 (5/96)