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0 0 <br />21.6 Notwithstanding subsection (a) of this section, if the Contractor is a"public entity" within the meaning <br />of the Colorado Governmental Immunity Act, CRS 24-10-101, et se ., as amended ("AcY'), the <br />contractor shall at all times during the term of this contract maintain only such liability insurance, by <br />commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon <br />request by the State, the contractor shall show proof of such insurance satisfactory to the State. <br />22. Governmentallmmunity <br />Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract <br />shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, <br />protection, or other provisions of the Governmental Immunity Act. The parties understand and agree that <br />liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its <br />departments, institutions, agencies, baards, officials and employees is controlled and limited by the <br />provisions of sections 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management <br />statutes, sections 24-30-1501, et seq., C.R.S., as now or hereafter amended. <br />23. Force Majeure <br />Neither Contractor nor the State shall be liable to the other for any delay in, or failure of pertormance of, <br />any covenant or promise contained in this contract, nor shall any delay or failure constitute default or give <br />rise to any liability for damages if, and only to the extent that, such delay or failure is caused by "force <br />majeure." As used in this contract "force majeure" means acts of God; acts of thepublic 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 />24. 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 sha11 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 CWCB: <br />Name: Dan McAulifFe <br />Address: 1313 Sherman Street, Room 721, Denver, CO 80203 <br />Telephone: (303) 866-3441 <br />For Contractor: <br />Name: Rob Billerbeck <br />Address: 1313 Sherman Street, Room 618, Denver, CO 80203 <br />Telephone: (303) 866-3203 ext. 4341 <br />25. 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 sectioh 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 shali be responsible for all subcontracting arrangements, 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 />Page 9 of 14