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<br />Contractor performing services under this Contract shall hold the required licenses or certification, if any, to
<br />perform their duties. Contractor, if a foreign corporation or other entity transacting business ire the State of
<br />Colorado, further certifies that it currently has obtained and shall maintain any applicable certificate of
<br />authority to do business in the State of Colorado and has designated a registered agent in Colorado to accept
<br />service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals,
<br />insurance, permits or any such similar requirements necessary for Contractor to properly perform this
<br />Contract, shall be deemed to be a default by Contractor and grounds for termination for cause of this
<br />Contract.
<br />B. Legal Authority
<br />Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all
<br />actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully
<br />authorize its undersigned signatory to execute this Contract and to bind Contractor to its terms. The person
<br />signing and executing this Contract on behalf of Contractor hereby represents, warrants, and, guarantees that
<br />they have full authorization to do so.
<br />C. Tax Exempt Status
<br />The State represents that it is not liable for any sales, use, excise, property or other taxes imposed by any
<br />federal, state or local governmental authority, nor for any Contractor franchise or income related tax. No
<br />taxes of any kind shall be charged to the State. The State's FEIN # is 84-0644739 and its tax exempt # is 98-
<br />02565.
<br />15. INSURANCE
<br />Contractor, through the Department of Agriculture, agrees to promptly consider and adjudicate any and all
<br />claims which may arise for damages of any nature arising out of a Departmental act or agreement, including
<br />those undertaken or made by US Forest Service. Further, Contractor, through the Department of Agriculture,
<br />will pay for any damage or injury as maybe required under Federal law. Such adjudication will in the instant
<br />matter be pursued under the Federal Tort Claims Act (FTCA, 28 U.S.C. § 2671, et. seq.
<br />The Contractor is self-insured.
<br />16. DEFAULT-BREACH
<br />A. Defined
<br />In addition to any breaches or defaults specified in other sections of this Contract, including, but not limited
<br />to the Colorado Special Provisions, the failure of either Party to perform any of its obligations hereunder
<br />entirely, partially, or in satisfactory manner, including, but not limited to, performing them in a timely
<br />manner, constitutes a default or breach.
<br />B. Notice and Cure Period
<br />In the event of a default or breach, notice of such shall be given in writing by the aggrieved Party to the other
<br />Party in the manner provided in the Notice section of this Contract. If such default or breach is not cured
<br />within 30 days of receipt of written notice or cure of the default or breach has not begun within said period or
<br />has not been pursued with due diligence, the aggrieved Party may terminate this Contract by providing
<br />written notice thereof, given in the manner provided for in the Notice section of this Contract, effective 15
<br />days from the date the notice of termination was received.
<br />17. REMEDIES
<br />If Contractor is in default under any provision of this Contract including, but not limited to the Special
<br />Provisions, the State shall have all of the remedies listed in this section in addition to all other remedies set
<br />forth in other sections of this Contract and as available at law or in equity. The State may exercise any or all
<br />of the remedies available to it, in its sole discretion, concurrently or consecutively.
<br />A. Termination With or Without Cause
<br />Either Party may terminate this Contract at any time prior to its expiration date, with or without cause, and
<br />without incurring any liability or obligation to the terminated party (other than payment of amounts due and
<br />owing and performance of obligations accrued, in each case on or prior to the termination date) by giving the
<br />other party at least 30 days prior written notice of termination. Upon receipt of a notice of termination, the
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