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35. Ownership of Documents and Materials.
<br />A. All documents, records, programs, applications, data, algorithms, film, tape, articles, memoranda,
<br />and other materials (the "Materials") not developed or licensed by the Contractor prior to execution
<br />of this Contract, but specifically developed under this Contract shall be considered "work for hire"
<br />and the Contractor hereby transfers and assigns any ownership claims to IHCDA so that all
<br />Materials will be the property of IHCDA. If ownership interest in the Materials cannot be assigned
<br />to IHCDA, the Contractor grants IHCDA a non-exclusive, non -cancelable, perpetual, worldwide
<br />royalty -free license to use the Materials and to use, modify, copy and create derivative works of the
<br />Materials.
<br />B. Use of the Materials, other than related to contract performance by the Contractor, without the prior
<br />written consent of IHCDA, is prohibited. During the performance of this Contract, the Contractor
<br />shall be responsible for any loss of or damage to the Materials developed for or supplied by
<br />IHCDA and used to develop or assist in the services provided while the Materials are in the
<br />possession of the Contractor. Any loss or damage thereto shall be restored at the Contractor's
<br />expense. The Contractor shall provide IHCDA full, immediate, and unrestricted access to the
<br />Materials and to Contractor's work product during the term of this Contract.
<br />36. Payments.
<br />All payments shall be made 35 days in arrears in conformance with State fiscal policies and
<br />procedures and, as required by IC § 4-13-2-14.8, by electronic funds transfer to the financial
<br />institution designated by the Contractor, in writing, unless a specific waiver has been obtained
<br />from IHCDA's Controller. No payments will be made in advance of receipt of the goods or
<br />services that are the subject of this Contract except as permitted by IC § 4-13-2-20.
<br />37. PenaltiesllnterestlAttorney's Fees.
<br />IHCDA will in good faith perform its required obligations hereunder and does not agree to pay any
<br />penalties, liquidated damages, interest, or attorney's fees, except as permitted by Indiana law, in
<br />part, IC §5-17-5, IC §34-54-8, IC §34-13-1 and IC § 34-52-2-3.
<br />Notwithstanding the provisions contained in IC 5-17-5, any liability resulting from IHCDA's failure
<br />to make prompt payment shall be based solely on the amount of funding originating from IHCDA
<br />and shall not be based on funding from federal or other sources.
<br />38. Progress Reports.
<br />The Contractor shall submit progress reports to IHCDA on a monthly basis or more often upon
<br />request. The report shall be electronic, unless the IHCDA, upon receipt of the electronic report,
<br />should deem it necessary to have it in written form. The progress reports shall serve the purpose of
<br />assuring the IHCDA that persons referred to Contractor are receiving prompt and efficient services,
<br />as well as assisting in monitoring the status of the IFPN initiative and shall contain, at a minimum,
<br />all information required by the National Foreclosure Mitigation Counseling Program. The
<br />Contractor acknowledges that data collection and statistics, particularly with regard to settlement
<br />conferences, are central to the success and viability of the IFPN. As such, the progress reports
<br />submitted by Contractor shall indicate, with regard to each client of Contractor, whether client
<br />requested a settlement conference, and if so, whether the settlement conference was "Successful" or
<br />"Not Successful". For the purposes of this Agreement, "Successful" means any one of the
<br />{00028595-1)
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