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<br />The abov e remedies are cumulative and the State, in its sole discretion, may exercise any or all of
<br />them individually or simultaneously.
<br />ARTICLE 9 . CONSULTANT’S ACCOUNTING RECORDS
<br />Records of the Consultant's Direct Personnel, Consultant, and Reimbursable Expense p ertaining to
<br />this Agreement and records of accounts between the CWCB and Consultant shall be kept on a
<br />generally recognized accounting basis and shall be available to the CWCB at mutually convenient
<br />times and extending to three (3) years after final paymen t under this Agreement.
<br />ARTICLE 10 . ASSIGNMENT OF AGREEMENT NOT PERMITTED
<br />The Consultant may not assign its performance of this Agreement or any part thereof without the
<br />prior written consent of the CWCB, but the Agreement shall be binding upon and inure t o the benefit
<br />of the successors and assigns of the Agreement.
<br />ARTICLE 11 . LICENSES, PERMITS AND RESPONSIBILITIES
<br />The Consultant certifies that, as of the effective date of this Agreement, it has currently in effect all
<br />required licenses, certifications, a pprovals, insurance, permits, etc., required to properly perform
<br />the services and/or deliver the supplies specified in this Agreement. The Consultant also
<br />warrants that it will maintain all required licenses, certifications, approvals, insurance, permits,
<br />etc., required to properly perform this Agreement, without reimbursement by the CWCB or other
<br />adjustment in the Agreement price. Additionally, all employees or subcontractors of the
<br />Consultant performing services under this Agreement shall hold, and main tain in effect, all
<br />required licenses, certifications, approvals, insurance, permits, etc., if any, that are necessary to
<br />perform their duties and obligations under this Agreement. The Consultant further certifies that, if
<br />a foreign corporation or other e ntity, it currently has obtained and shall maintain any applicable
<br />certificate of authority to do business in the State of Colorado and has designated a registered
<br />agent in Colorado to accept service of process. Any revocation, withdrawal or nonrenewal of any
<br />required licenses, certifications, approvals, insurance, permits, etc., if any, that are necessary for
<br />the Consultant, or its employees and subcontractors, to properly perform its duties and obligations
<br />under this Agreement shall be grounds for termin ation of this Agreement by the CWCB for default
<br />without further liability to the CWCB.
<br />ARTICLE 12 . INTEGRATION OF UNDERSTANDING
<br />This Agreement is intended as the complete integration of all understandings between the parties.
<br />No period or contemporaneous addition, deletion, or other amendment hereto shall have any force
<br />or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal,
<br />addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
<br />written Agreement executed and approved by the CWCB, State Buildings and Real Estate
<br />Programs, and the State Controller.
<br />ARTICLE 13 . BENEFITS ACCRUING TO OTHER STATE EMPLOYEES OR OFFICERS
<br />It is understood and agreed that no benefits, payments or considerat ions received by Consultant for
<br />the performance of services associated and pertinent to this Agreement shall accrue, directly or
<br />indirectly, to any employee, or employees, elected or appointed officers or representatives, or by
<br />any other person or persons identified as agents of, or who are by definition, public servants of the
<br />State of Colorado.
<br />ARTICLE 14 . ORDER OF PRECEDENCE
<br />In the event of conflicts or inconsistencies between this Agreement and its exhibits or
<br />attachments, such conflicts or inconsistenc ies shall be resolved by reference to the documents in
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