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. ' � � <br />Notwithstanding the above, the Grantee shall not be relieved of liability to the State <br />for any damages sustained by the State by virtue of any breach of the contract by the <br />Grantee, and the State may withhold any payments to the Grantee for the purpose of setoff <br />until such time as the exact amount of damages due the State from the Grantee is <br />determined. <br />7. Contract relationship. The parties to this contract intend that the relationship <br />between them contemplated by this contract is that of grantor-grantee, not <br />employer-employee nor principal-agent. No agent, employee, or servant of the Grantee shall <br />be, or shall be deemed to be, an employee, agent, or servant of the State. <br />8. Severability. To the extent that this contract may be executed and performance <br />of the obligations of the parties may be accomplished within the intent of the contract, the <br />terms of this contract are severable, and should any term or provision hereof be declared <br />invalid or becom�: inoperative for any reason, such invalidity or failure shall not affect the <br />validity of any other term or provision hereof. The waiver of any breach of a term hereof shall <br />�ot be construed as waive� of any othe� t�rm. <br />9. Assignment. Neither party may assign its rights or duties under this contract <br />without the p�ior written consent of the other party. j <br />10. Captions. The captions and headings contained in this contract are for <br />convenience and refere�ce only and shall not be constn.�ed so as to define or limit the terms <br />or provisions contracted herein. <br />11. Addresses for mailing. All notices, correspondence, or other,documents required <br />by this contract shall be delivered or mailed to the-following addresses: - <br />For the STATE: <br />Colo�ado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />For the GRaNTEE: <br />South Platte Lower River Group, Inc. <br />100 Broadway Plaza, Suite 12 <br />Sterling, CO 80751 <br />Special provisions (� 993 version) <br />12. Controder's approval. This co�tract shall not be deemed valid until it shall have been approved by the Controller of the State <br />of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the <br />STATE. <br />13. Fund ava�abiGty. Financial obligations of the State of Colorado payable afterthe current fiscal year are co�tingent upon funds <br />for that purpose being appropriated, budgeted, and otherwise made available. <br />14. Bond reQuirement. If this co�tract involves the payment of more than fifty thousand dollars for the construction, erection, <br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this Srnre, the <br />CortrttACroR shall, before entering upon the performance of any such work i�cluded in this contract, duly execute and deliver to the Srnre <br />official who will sign the cont�act, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum <br />not less than one-half of the total amount payable by the terms of this contract. Such bo�d shall be duly executed by a qualified <br />corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the CotJrw+cTOR or his <br />subcontractors fail to duly pay for a�y labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed <br />by such CONrRnCTOR or his subcontractorin performance of the work co�tracted to be done or fails to pay any person who supplies rental <br />machi�ery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceedi�g the sum specified <br />South Platte lower River Group, Inc. Page 3 of 5 Grant Contract <br />