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Arkansas - UAWCD Telemetry Data Collection_Notice to Proceed & Contract
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Arkansas - UAWCD Telemetry Data Collection_Notice to Proceed & Contract
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Last modified
10/10/2012 8:32:22 AM
Creation date
5/14/2009 1:58:45 PM
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WSRA Grant and Loan Information
Basin Roundtable
Arkansas
Applicant
Upper Arkansas Water Conservancy District
Description
Telemetry Data Collection Platforms at Six Reservoirs plus Flow Control Equipment and Gauging at Six
Account Source
Basin & Statewide
Board Meeting Date
9/17/2008
Contract/PO #
150439
WSRA - Doc Type
Contract Documents
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25. 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: Eric Hecox <br />Title: Section Chief, Intrastate Water Management and Development, CWCB <br />Address: 1313 Sherman Street, Room 721, Denver, CO 80203 <br />Telephone: (303) 866-3441 ext. 3217 <br />For Contractor: <br />Name: Ralph L. ("Terry") Scanga, Jr. <br />Title: Manager, Upper Arkansas Water Conservancy District <br />Address: 339 East Highway 50, Salida, CO 81201 <br />Telephone: (719) 539-5425 <br />26. Assignment and Successors <br />Unless otherwise specified in Exhibit A, Scope of Work, Contractor's rights and obligations under this contract <br />shall be deemed to be personal and may not be transferred, assigned or subcontracted without the prior, <br />written consent of the State, which shall not be unreasonably withheld. Any attempt at assignment, transfer or <br />subcontracting without such consent shall be void, except that Contractor may assign the right to receive <br />payments from the State pursuant to section 4-9-318, C.R.S. All subcontracts and subcontractors consented <br />to by the State shall be made subject to the requirements, terms and conditions of this contract. Contractor <br />alone shall be responsible for all subcontracting an-angements, directions and delivery of subcontracted work <br />or Goods, and performance of any subcontracted Services. Contractor shall require and ensure that each <br />subcontractor shall assent in writing to all the terms and conditions of this contract, including an obligation of <br />the subcontractor to indemnify the State as is required under Section 3 of the Colorado Special Provisions, <br />incorporated as a part of this contract. <br />27. 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 />28. 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 />29. Waiver <br />The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or <br />deemed as waiver of any subsequent breach of such term, provision, or requirement, or of any other term, <br />provision, or requirement. <br />30. Entire Understanding <br />This contract is intended as the complete integration of all understandings between the parties. No prior or <br />Page 10 of 14 <br />
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