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<br />~ <br /> <br />. <br /> <br />e <br /> <br />a. If construction on any water project identified by <br />the study is not initiated by the contractor within <br />ten (10) years of the date of the completion of the <br />study, then the contractor shall have no repayment <br />obligation to the Board. <br /> <br />a. If construction on any water project identified by <br />the study is initiated by the contractor within ten <br />(10) years of the date of the completion of the <br />study, then: <br /> <br />(1) the $100,000, plus any cost overruns or <br />contract extensions authorized under paragraph <br />4, shall be repaid to the Board at the time <br />when construction on the project commences, <br />with interest at five percent (5\) per annum <br />from the date when the final payment under <br />this contract was made to the Contractor, or <br /> <br />(2) if the project is subsequently authorized by <br />the Colorado General Assembly and constructed <br />by the contractor with funds provided by the <br />Board, then the One Hundred Thousand Dollars <br />($100,000), plus any cost overruns or contract <br />extensions authorized under paragraph 4, shall <br />be included in the total amount authorized for <br />construction and shall be repaid to the Board <br />pursuant to the terms of that authorization. <br /> <br />7. This contract is personal in nature and assignment of <br />performance by the Contractor to another is prohibited unless <br />prior approval in writing is granted by the State. <br /> <br />8. The Contractor is an independent Contractor and as such <br />is not entitled to any benefits of the State personnel system. <br /> <br />9. The Contractor warrants that it has not employed or <br />retained any company or person, other than a bona fide employee <br />working solely for it, to sOlicit or secure this contract and <br />that it has not paid or agreed to pay any person, company, <br />corporation, individual, or firm, other than a bona fide <br />employee working solely for it, any fee, commission, <br />percentage, gift, or other consideration contingent upon or <br />reSUlting from the award or the making of this contract. As <br />specified in paragraph 3, any fees to be paid by the Contractor <br />to the Consultant are not to exceed $300,000. <br /> <br />Page 1 of ~ pages <br />