Arkansas - Arkansas Valley Conduit_Contract

• Basin Roundtable: Arkansas
• Applicant: Southeastern Colorado Water Activity Enterprise
• Description: Arkansas Valley Conduit
• Account Source: Statewide
• Board Meeting Date: 3/13/2007
• Contract/PO #: 150406
• WSRA - Doc Type: Contract Documents

23.6 The Grantee shall provide certificates showing insurance coverage required by this Contract to the
State within 7 business days of the Effective Date of the Contract, but in no event later than the
commencement of the Services under the Contract. No later than 15 days prior to the expiration date
of any such coverage, the Contractor shall deliver the State certificates of insurance evidencing
renewals thereof. At any time during the term of this Contract, the State may request in writing, and
the Grantee shall thereupon within 10 days supply to the State, evidence satisfactory to the State of
compliance with the provisions of this section.
23.7 Notwithstanding Subsection (a) of this section, if the Grantee is a"public entity" within the meaning of
the Colorado Governmental Immunity Act, CRS 24-10-101, et se ., as amended ("Act"), the Grantee
shall at aIl times during the term of this Contract maintain only such liability insurance, by commercial
policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the
State, the Grantee shall show proof of such insurance satisfactory to the State.
24. Governmentallmmunity
Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract
shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protection, or other provisions of the Governmental Immunity Act. The parties understand and agree that
liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its
departments, institutions, agencies, boards, officials and employees is controlled and limited 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 Grantee 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: Todd Doherty
Title: Project Manager, Intrastate Water Management and Development, CWCB
Address: 1313 Sherman Street, Room 721, Denver, CO 80203
Telephone: [phone]
For Grantee:
Name; Philip Reynolds
Title: Projects Manager, Southeastern Colorado Water Conservancy District
Address: 31717 United Avenue, Pueblo, CO 81001
Telephone: [phone]
27. Assignment and Successors
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