Sec.4d-3-13. Saving clause; rights

(a) The contractor shall not be held liable for any losses resulting in the fulfillment of the terms of the contract which may be delayed or prevented by wars, acts of public enemies, strikes, floods, acts of God, or for any other force majeure acts not within the control of the contractor and which, by the exercise of reasonable diligence, the contractor is unable to prevent.

(b) Should the performance of any contract be delayed or prevented as set forth in subsection (a) of this section, the contractor shall give immediate written notice and explanation of the cause and probable duration of any such delay.

(c) References by contractors to sales to the state for advertising and promotional purposes without prior approval of the CIO is expressly prohibited.

(d) The state shall have and retain sole and exclusive right and title in and to the documents and materials, including intellectual property, produced for the state, including all rights to use, distribute, sell, reprint, or otherwise dispose of same. The contractor shall not copyright, register, distribute or claim any rights in or to said property or the work produced under his contract, without the state's prior written permission.

(Adopted effective August 9, 2004)