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pumic access wui oe temporarily 11mitea, i tie University agrees that no area of the park will be
<br />permanently removed from pub se but from time to time during acts esearch projects portions
<br />of the property will have limited access. Limited access areas will be clearly posted and will not
<br />impinge upon the enjoyment of the park by the public.
<br />INDEMNIFICATION
<br />The University hereby agrees to indemnify and hold harmless the County from any and all claims
<br />or demands of whatever nature for loss, damage or injury to persons or property resulting from the
<br />University's use or occupation of the leased premises caused by the negligent acts or omissions of
<br />the University, its agents, or employees to the extent allowed by law.
<br />The County hereby agrees to indemnify and hold harmless the University from any and all claims
<br />or demands of whatever nature for loss, damage or injury to persons or property resulting from
<br />County's use or occupation of the leased premises caused by the negligent acts or omissions of
<br />the County, its agents, or employees to the extent allowed by law.
<br />The parties to this agreement recognize the subject property as being subject to flooding and the
<br />lessee takes the property realizing that, and acknowledges that any future decision to improve the
<br />leased property is done at its own risk because the County makes no warranty against flooding
<br />and the damage resulting therefrom.
<br />RECORDS MAINTENANCE
<br />The parties to this contract shall each maintain books, records, documents and other evidence which
<br />sufficiently and properly reflect all direct and indirect costs expended by either party in the
<br />performance of the services described herein. These records shall be subject to inspection, review or
<br />audit by personnel of both parties, other personnel duly authorized by either party, the Office of the
<br />State Auditor, and federal officials so authorized by law. All books, records, documents, and other
<br />material relevant to this Agreement will be retained for six (6) years after expiration and the Office of
<br />the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full
<br />access and the right to examine any of these materials during this period.
<br />Records and other documents, in any medium, furnished by one party to this Agreement to the other
<br />party, will remain the property of the furnishing party, unless otherwise agreed. Each party will utilize
<br />reasonable security procedures and protections to assure that records and documents provided by
<br />the other party are not erroneously disclosed to third parties.
<br />RIGHTS IN DATA
<br />Unless otherwise provided, data which originates from this Agreement shall be 'works for hire" as
<br />defined by the U.S. Copyright Act of 1976 and shall be owned by the University. Data shall include,
<br />but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys,
<br />studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right
<br />to copyright, patent, register, and the ability to transferthese rights.
<br />INDEPENDENT CAPACITY
<br />The employees or agents of each party who are engaged in the performance of this Agreement shall
<br />continue to be employees or agents of that party and shall not be considered for any purpose to be
<br />employees or agents of the other party.
<br />(�UIET ENJOYMENT
<br />The County covenants with the University that upon payment of the rent herein required to be paid
<br />and performance of the covenants herein contained, the University and those holding under it may
<br />peaceably and quietly have, hold and enjoy the premises for the term hereof, for the purpose of
<br />conducting research and education programs.
<br />INSPECTION RIGHTS
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