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<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
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