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Colorado - Eagle Park Reservoir Enlargement_Contract C150401
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Colorado - Eagle Park Reservoir Enlargement_Contract C150401
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Last modified
10/10/2012 11:14:51 AM
Creation date
12/19/2008 9:39:08 AM
Metadata
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WSRA Grant and Loan Information
Basin Roundtable
Colorado
Applicant
Eagle Park Reservoir Company
Description
Eagle Park Reservoir Enlargement
Account Source
Statewide
Board Meeting Date
3/13/2007
Contract/PO #
150401
WSRA - Doc Type
Contract Documents
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majeure." As used in this contract "force majeure" means acts of God; acts of the public enemy; public <br />health/safety emergency acts of the State or any governmental entity in its sovereign capacity; fires; floods, <br />epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe <br />weather. <br />MISCELLANEOUS PROVISIONS <br />26. Representatives <br />Each individual identified below is the principal representative of the designating party. All notices required <br />to be given to a party pursuant to this contract shall be hand delivered with receipt required or sent by <br />certified or registered mail to such party's principal representative at the address for such party set forth <br />below. Either party may from time to time designate by written notice substitute addresses or persons to <br />whom such notices shall be sent. <br />For the State: <br />Name: Rick Brown <br />Title: Section Chief, Intrastate Water Management and Development, CWCB <br />Address: 1313 Sherman Street, Room 721, Denver, CO 80203 <br />Telephone: (303) 866-3514 <br />For Contractor: <br />Name: Dennis Gelvin <br />Title: Assistant Secretary, Eagle Park Reservoir Company <br />Address: 846 Forest Road, Vail, CO 81657 <br />Telephone: (970) 476-7480 <br />27. Assignment and Successors <br />Contractor's rights and obligations under this contract shall be deemed to be personal and may not be <br />transferred, assigned or subcontracted without the prior, written consent of the State, which shall not be <br />unreasonably withheld. Any attempt at assignment, transfer or subcontracting without such consent shall be <br />void, except that Contractor may assign the right to receive payments from the State pursuant to section 4-9- <br />318, C.R.S. All subcontracts and subcontractors consented to by the State shall be made subject to the <br />requirements, terms and conditions of this contract. Contractor alone shall be responsible for all <br />subcontracting arrangements, directions and delivery of subcontracted work or Goods, and performance of any <br />subcontracted Services. Contractor shall require and ensure that each subcontractor shall assent in writing to <br />all the terms and conditions of this contract, including an obligation of the subcontractor to indemnify the State <br />as is required under Section 3 of the Colorado Special Provisions, incorporated as a part of this contract. <br />28. Third Party Beneficiaries <br />The enforcement of the terms and conditions of this contract and all rights of action relating to such <br />enforcement shall be strictly reserved to the State and Contractor. Nothing contained in this contract shall <br />give or allow any claim or right of action whatsoever by any third person. It is the express intention of the <br />State and Contractor that any such person or entity, other than the State or Contractor, receiving services <br />or benefits under this contract shall be deemed an incidental beneficiary only. <br />29. Severability <br />To the extent this contract may be executed and performance of the obligations of the parties may be <br />accomplished within the intent of the contract, the terms of this contract are severable. Should any term or <br />provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall <br />not affect the validity of any other term or provision hereof. <br />30. ilVaiver <br />The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or <br />Page 11 of 15 <br />
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