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DNR will continue to be able to use temporary utilities on this property during their usage of the aforcnientioncd <br />property. <br />A portion of the ahuvc named property is also used by the Kittitos County Sheriff's office ond 01h1.-r public agcncici; for <br />driver training. DNR agrees to work with the University and nffoctctl public agencies to move hclic_opt<trs safely away <br />rr0.m the area used for driver training whim !he arc.a is needed. <br />PERlOD OF PERFORMANCE <br />Subject to its olhcr provisions, the period of pcrfonnuncc or lhis Agrci.'fllcnt shall commence on May I, 2019 and be <br />completed on November 30, 2019, unless tc nnh'tJllct.l sPQncr as provid ed herein. This Agreement may be extended at <br />the written agreement or both parties. <br />PAYMENT <br />There will be no monetary exchange between the parties under this Agreement. <br />RECORDS MAINTENANCE <br />The panics 10 U1is Agrecmcni shnll coch maintain books reconls, documents ond other evidence which sufficiently and <br />prop~rly rcncct nil direct Md indirect coSiS expendt!d by cilhc;r pruty in l11 c -pcrformancc ol1 lhc ·scrvioes described herein. <br />11nisc records shall be subjccl to inspection, review or audit by personnel of both parties, other personnel duly <br />authorized by either party, !he Office of the State Auditor, arid federal orftcio.ls so nulhorizcd by law. All books, records, <br />documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of <br />the State Auditor, federal auditors, and any persons duly authorized by the parties shall have run access and the right to <br />examine any of these materials during this period. <br />Records ilnd 01.1\er doculll\!nts, in any medium, furnished by one party 10 this ugreement to the o.thcr pwty, will remain <br />the propert}' of the rumishing pnrty; unless otherwise agreed. The r1.-ceiving party will not disclose or mnkc available <br />this materiol 10 ony third parties without first giving notice 10 the fu.rn1:1hi11g p-.u-ly umJ giving ii n rensonublc opportunity <br />to respond. Each party will utilize reusonuble security procedures and protections to assure that records and documents <br />provided by the other pnrtr are not erroneously disclosed 10 lhird parties. <br />RIGHTS lN DATA <br />Unless otherwise provided, data, which originntes from this Agreement shall be "works for hire" us defined by the U.S. <br />Copyright Act of 1976 and sliull be owned by the Univ~rsity, Dnia shall include, but not be limited to n::parls , <br />documents, pamphlets, advertisements, books magazines, surveys1 studies, computer programs., films. tn~. und/or <br />sound reproductions. Ownership includes the right 10 copyright. putcnt, register, and the ubility 10 tntnsfer these rights. <br />INDEPENDENT CAPACITY <br />The employees or agents of each party who are engugcd in the performance of this Agreement shall continue to be <br />cmpluy~cs ui ugcnls of that party and shall not be considered for any purpose to be employees or agents of the other <br />party. <br />AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS <br />This Agreement may be changed, modified, or amended by wriuen agreement executed by both parties. <br />TERMINATION <br />Either party may terminate this Agreement upon 90 days' prior written notification to the other party. <br />2