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DNR will continue lo be able to use temporary utilities oo this property during 1heir usage of !he aforementioned <br />property. <br />A portion of the above named property is also used by the Kittitas County Sheriffs offict: and other public agencies for <br />driver training. ONR agrees to work wi1h the Univer.;ity nnd affected public agencies to move helicopters safely away <br />from the area used for driver training when the area is ncedcd. <br />PERIOD OF PERFORMANCE <br />Subject to its other provisions, the period of perfonnancc of this Agreement shall commence on Mny I, 2018 and be <br />completed on November 30, 2018, unless terminatcd sooner as provided herein. This Agreement may be extended at <br />1he written agreement of hoth panics. <br />PAYMENT <br />There will be no monclary exchange bctwcen the parties under this Agreement. <br />RECORDS MAlNTEN NCE <br />The parties lo this Agrcemenl shall each maintain books, records, documents nnd other evidcnce which sufficiently and <br />properly rcncct all direct and indirect costs expended by either party in the pcrrormance of the services described herein. <br />These n:cords shall be subjecl 10 inspection, review or audit by personnel of both parties, other personnel duly <br />authorized by either party, lhc ortice of the Slate Auditor, and federal officials so authorized by law. All books, records, <br />documents, and other material relevant to this Agreement will be retained for six years after expiration and the Oflicc of <br />the State Audi1or, federal auditors, and any persons duly authorized by the parties shall have rull access and lhc right 10 <br />examine any uf these mutcrials during this period. <br />Records and other documents, in any medium, furnished by one party to this agreement to the other party. will remain <br />1hc property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available <br />1his material to any 1hird parties without first giving notice to the furnishing party and giving it a reasonable opportunity <br />to respond. Each party will utilize reasonable security procedures and protcclions lo assure that records and <locurnun~ <br />provided by the other party arc not erroneously disclosed to third parties. <br />RIGHTS IN DATA <br />Unless otherwise provided, data. which origina1es from this Agreement shull be "works for hire" as defined by the U.S. <br />Copyrighl Act of 1976 and shall be owned by the University. Data shall include, but not he limited to, reports, <br />documents, pamphlets, o.dvcnisemcnts, books magazines. surveys. studies, computer programs, films, Ulpes, and/or <br />sound reproductions. Ownership includcs the right to copyright, patent, register, and the ability lo transfer thcst: rights. <br />INDEPENDENT CAPACITY <br />Th1: employees or agents of ench party who arc engaged in the performance of this Agreemcnl shall continue to be <br />employees or agents of 1hu1 pany and shall not be considered for any purpose to lie employees or agents or the other <br />party. <br />GREEMENT CHANOES, MODlFICA <br />This Agreement may be changed, modified, or amended by written agreement execu1ed by both parties. <br />TERMINATION <br />Either party may tcnninale this Agreement upon 90 days' prior wrillen notification lo !he other party. <br />2