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subcontractors) in performance of its obligations under this Contract shall be the exclusive property of the State and all such
<br />materials shall be delivered into State possession by Contractor upon completion, termination, or cancellation of this Contract
<br />Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than performance of
<br />Contractor's obligations under this Contract without the prior written consent of the State. Notwithstanding the foregoing, the
<br />State shall have no proprietary interest in any materials licensed for use by the State that are subject to patent, trademark or
<br />copyright protection.
<br />22. PUBLIC RECORDS. Pursuant to NRS 239.010, information or documents received from Contractor may be open to public
<br />inspection and copying. The State will have the duty to disclose unless a particular record is made confidential by law or a
<br />common law balancing of interests. Contractor may label specific parts of an individual document as a "trade secret" or
<br />"confidential" in accordance with NRS 333.333, provided that Contractor thereby agrees to indemnify and defend the State for
<br />honoring such a designation. The failure to so label any document that is released by the State shall constitute a complete waiver
<br />of any and all claims for damages caused by any release of the records.
<br />23. CONFIDENTIALITY. Contractor shall keep confidential all information, in whatever form, produced, prepared, observed
<br />or received by Contractor to the extent that such information is confidential by law or otherwise required by this Contract
<br />24. FEDERAL FUNDING. In the event federal hinds are used for payment of all or part of this Contract:
<br />a. Contractor certifies, by signing this Contract, that neither it nor its principals are presently debarred, suspended, proposed
<br />for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or
<br />agency. This certification is made pursuant to the regulations implementing Executive Order 12549, Debarment and
<br />Suspension, 28 C.F.R. pt 67, § 67.510, as published as pt VII of the May 26, 1988, Federal Register (pp. 19160-19211), and
<br />any relevant program-specific regulations. This provision shall be required of every subcontractor receiving any payment in
<br />whole or in part from federal funds.
<br />b. Contractor and its subcontractors shall comply with all terms, conditions, and requirements of the Americans with
<br />Disabilities Act of 1990 (P.L. 101-136), 42 U.S.C. 12101, as amended, and regulations adopted thereunder contained in 28
<br />C.F.R. 26.101-36.999, inclusive, and any relevant program-specific regulations.
<br />c. Contractor and its subcontractors shall comply with the requirements of the Civil Rights Act of 1964, as amended, the
<br />Rehabilitation Act of 1973, P.L. 93-112, as amended, and any. relevant program-specific regulations, and shall not
<br />discriminate against any employee or offeror for employment because of race, national origin, creed, color, sex, religion, age,
<br />disability or handicap condition (including AIDS and AIDS-related conditions.)
<br />25. LOBBYING The parties agree, whether expressly prohibited by federal, State or local law, or otherwise, that no funding
<br />associated with this contract will be used for any purpose associated with or related to lobbying or influencing or attempting to
<br />lobby or influence for any purpose the following:
<br />a. Any federal, state, county or local agency, legislature, commission, counsel or board;
<br />b. Any federal, state, county or local legislator, commission member, counsel member, board member, or other elected
<br />official; or
<br />c. Any officer or employee of any federal; state, county or local agency; legislature, commission, counsel or board.
<br />26. WARRANTIES.
<br />a. General Warranty. Contractor warrants that all services, deliverables, and/or work product under this Contract shall be
<br />completed in a workmanlike manner consistent with standards in the trade, profession, or industry.
<br />b. System Compliance. Contractor warrants that any information system application(s) shall not experience abnormally
<br />ending and/or invalid and/or incorrect results from the application(s) in the operating and testing of the business of the State.
<br />This warranty includes, without limitation, century recognition, calculations that accommodate same century and multicentrny
<br />formulas and data values and date data interface values that reflect the century. Pursuant to NRS 41.032 1, the State is immune
<br />from liability due to any failure of any incorrect date being produced, calculated or generated by a computer or other
<br />information system.
<br />27. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Contract on behalf of each
<br />party has full power and authority to enter into this Contract. Contractor acknowledges that as required by statute or regulation
<br />this Contract is effective only after approval by the State Board of Examiners and only for the period of time specified in the
<br />Contract. Any services performed by Contractor before this Contract is effective or after it ceases to be effective are performed
<br />at the sole risk of Contractor.
<br />28. GOVERNING LAW: JURISDICTION. This Contract and the rights and obligations of the parties hereto shall be governed
<br />by, and construed according to, the laws of the State of Nevada, without giving effect to any principle of conflict-of-law that
<br />would require the application of the law of any other jurisdiction. The parties consent to the jurisdiction of the First Judicial
<br />District Court, Carson City, Nevada for enforcement of this Contract.
<br />29. ENTIRE CONTRACT AND MODIFICATION. This Contract and its integrated attachment(s) constitute the entire
<br />agreement of the parties and such are intended as a complete and exclusive statement of the promises, representations, nego-
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<br />Revised 08103 Page 7 of 8
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