South Platte - Ducks Unlimited Lower SP Wetlands Initiative Phase I - C150415 Contract

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by the provisions of sections 24-10-101, et. seq., C.R.S., as now or hereafter amended and the risk management statutes, sections 24-30-1501, et seq., C.R.S., as now or hereafter amended. 25. Force Majeure Neither Contractor nor the State shall be liable to the other for any delay in, or failure of performance of, any covenant or promise contained in this contract, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to the extent that, such delay or failure is caused by "force majeure." As used in this contract "force majeure" means acts of God; acts of the public enemy; public health/safety emergency acts of the State or any governmental entity in its sovereign capacity; fires; floods, epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. MISCELLANEOUS PROVISIONS 26. Representatives Each individual identified below is the principal representative of the designating party. All notices required to be given to a party pursuant to this contract shall be hand delivered with receipt required or sent by certified or registered mail to such party's principal representative at the address for such party set forth below. Either party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. For the State: Name: Rick Brown Title: Section Chief, Intrastate Water Management and Development, CWCB Address: 1313 Sherman Street, Room 721, Denver, CO 80203 Telephone: (303) 866-3514 For Contractor: Name: Greg Kernohan Title: Conservation Program Manager, CO/WY, Ducks Unlimited, Inc. Address: 3624 Platte Drive, Fort Collins, Colorado 80526 Telephone: (970) 339-5719 27. Assignment and Successors Unless otherwise specified in Exhibit A, Scope of Work, Contractor's rights and obligations under this contract shall be deemed to be personal and may not be transferred, assigned or subcontracted without the prior, written consent of the State, which shall not be unreasonably withheld. Any attempt at assignment, transfer or subcontracting without such consent shall be void, except that Contractor may assign the right to receive payments from the State pursuant to section 4-9-318, C.R.S. All subcontracts and subcontractors consented to by the State shall be made subject to the requirements, terms and conditions of this contract. Contractor alone shall be responsible for all subcontracting arrangements, directions and delivery of subcontracted work or Goods, and performance of any subcontracted Services. Contractor shall require and ensure that each subcontractor shall assent in writing to all the terms and conditions of this contract, including an obligation of the subcontractor to indemnify the State as is required under Section 3 of the Colorado Special Provisions, incorporated as a part of this contract. 28.. Third Party Beneficiaries The enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement shall be strictly reserved to the State and Contractor. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any third person. It is the express intention of the State and Contractor that any such person or entity, other than the State or Contractor, receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Page 10 of 14