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<br />If the agreement is terminated by the State, as provided herein; all finished or
<br />unfinished documents, data, studies, surveys, drawings, maps, models, photographs,
<br />and reports or other material prepared by the Contractor under the contract shall at
<br />the option of the State, become its property, and the Contractor shall be entitled to
<br />receive just and equitable compensation for any services and supplies delivered and
<br />accepted. If the State terminates this agreement as provided herein, the Contractor
<br />shall be obligated to return any payment advance under the provisions of this
<br />contract.
<br />O. Permits and Licenses. The Contractor shall procure all required permits and licenses,
<br />and pay all charges, fees and taxes and incidentals that may be required for the lawful
<br />prosecution of the work.
<br />P. Waiver. Any waiver by any party hereto with regard to any of its rights hereunder shall
<br />be in writing and shall not constitute or act as a waiver to any future rights which such
<br />party might have hereunder.
<br />Q. Access to Documents. Subject to the provisions of the Colorado Open Records
<br />Act, sections 24-72-101 et seq., CRS, the Contractor shall be entitled to the full
<br />cooperation of the State with regard to access to existing documents in the
<br />possession of or under the control of the agency that may be reasonably
<br />required for the lawful prosecution of the contract.
<br />SPECIAL PROVISIONS
<br />CONTROLLER'S APPROVAL
<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of
<br />money by the State.
<br />FUND AVAILAB/LITY
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for
<br />that purpose being appropriated, budgeted, and otherwise made available.
<br />BOND REQUIREMENT
<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State,
<br />the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and
<br />deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved
<br />by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond
<br />shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in
<br />addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire,
<br />sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in
<br />performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or
<br />equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the
<br />bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no
<br />claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check
<br />or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision
<br />is in compliance with CRS 38-26-106.
<br />INDEMN/FlCATION
<br />4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees
<br />and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees
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