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contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever,
<br />unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other
<br />amendment hereto shall have any force or effect unless embodied in a writing executed and approved
<br />pursuant to the Colorado State Fiscal Rules.
<br />31. Survival of Certain Contract Terms
<br />Notwithstanding anything herein to the contrary, all terms and conditions of this contract, including but not
<br />limited to its exhibits and attachments, which may require continued performance, compliance, or effect
<br />beyond the termination date of the contract, shall survive such termination date and shall be enforceable by
<br />the State in the event of the Contractor's failure to perform or comply as required.
<br />32. Modification and Amendment
<br />32.1 This contract is subject to such modifications as may be required by changes in Federal or Colorado
<br />State law, or their implementing regulations. Any such required modification automatically shall be
<br />incorporated into and be part of this contract on the Effective Date of such change, as if fully set forth
<br />herein.
<br />32.2 Except as specifically provided in this contract, no modification of this contract shall be effective
<br />unless agreed to in writing ,by both parties in an Amendment to this contract, properly executed and
<br />approved in accordance with Colorado State law and State Fiscal Rules.
<br />33. Venue
<br />Venue for any action related to performance of this contract shall be in the City and County of Denver,
<br />Colorado.
<br />34. Indemnification
<br />Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and
<br />all claims, damages, liability and court awards including costs, expenses, and attorney fees and related
<br />costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors,
<br />or assignees pursuant to the terms of this contract.
<br />(Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be
<br />construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
<br />protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq.,
<br />or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
<br />35. Order of Precedence
<br />The provisions of this contract shall govern the relationship of the State and Contractor. In the event of
<br />c~7Piflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or
<br />inconsistencies shall be resolved by reference to the documents in the following order of priority:
<br />(a) Colorado Special Provisions, pages 12 to 13.
<br />(b) Remaining pages of the contract, pages 1 to 11.
<br />(c) Exhibit A, Scope of Work.
<br />Page 11 of 14
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