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relating �to the STUDY. Th � ONTRACTOR Sh811 pfOVid2 SUCh COpl2� the STATE within thirty (30) days of the effective date of such termination. Upon submittal to theST,aTE of a statement from the CGtiSU�TANT for the period preceding the e`fective date of the termination �f tr�is contract, the COrvTRACTOR shall be entitted to receive the STaTE's share of the cost of any such STUDY materials that have been prepared before the effective date of termination of this contract, have been provided t0 th@ STATE and have not yet been paid for as of the effective termination date. Notwithstanding the above the CONTRACTCR shali not be relieved cf liability to the STA � E for any damages sustained by the STaTE by viRue of any breach of this ccntract by the CoNTR and the ST,aTE may withhold any payments�to the COtvTRACTOR for the purpose of setoff untii such time as the exact amount of damages due theSTATE from the CONTRACTOR is determined. � Contract relationship. The parties to this contract intend that the relationship between them contempiated by _this contract is that of cost-sharing ce-pGrticipants, not employe�zmpioyee nor principai-agent. No employee, agent or s2rvant of the CONTRACTOR shall be or shall be deemed to be, an empioyee, agent or servant of theSTATE. 7. Severability. To the extent t�at this contract may be executed and performance of the obligations of the parties may be accomplis�ed v��ithin the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared irvalid cr become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shail not be construed as waiver of any other term. 8. Assignment. Neither pa�ty may assign its rights or duties under this contract without the prior written consent of the other party. 9. Inte�ration of all understandings. This agreement is intended as the compieta integration of ail understandings between the parties. No prior or contemporaneous adctition, deletion, or other am�ndment hereto sha!i have any force or effect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, ar ct; �er G��ndment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant toST�TE fiscal rules. 10. Caption.-. The captions and headings contained in this contract are for convenience and reference only and shall not be censtrued so as to define or limi; the terms or provisions contracted herein. 11. Addresses for maiiing. Ail notices, corresporder�ce, or other documents required by this contract shall be delivered or mailed to the following addresses: For the STATE: Coicrado �'•/ater Conservation Board 1313 Sherman Street, Room 721 Denver, CO 80203 Attn.: Construction Fund Section For the CONTRACTOR: Rio Grande Restoration Project Enterprise 919 3` Avenue P. O. Box 729 Nlonte Vista, CO 81144 Attn.: Dennis Felmlee D. SPEC�A� PROV�s�oNS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special Provisions in every STATE contract including grants. Controller's Approval 1. Thi; contract shall not be deemed valid unt;! it shail have be�n approved by t�2 Controiler of the State of Cci_-ado c� sucn assistant as he may G2signate. Tnis pro�i��c,^ is ��iica�i� to any cortract invclv�,�.g the payment or money by the STa,rC. FUND AVAILABIL!TY 2. Financiai obligations of the State of Colorado payable after the current fiscal year are contingent upon funds Page 3 of 6