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Arkansas - LAVWCD - Super Ditch Company_Contract C150427
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Arkansas - LAVWCD - Super Ditch Company_Contract C150427
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Last modified
12/17/2015 12:01:37 PM
Creation date
10/26/2010 10:50:59 AM
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Alt Ag Water Transfer Grants
Basin Roundtable
Arkansas
Applicant
Lower Arkansas Valley Water Conservancy District
Description
Super Ditch Company
Board Meeting Date
7/22/2008
Contract/PO #
C150427
Alt Ag Water - Doc Type
Contract Documents
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29. Severability <br />To the extent this contract may be executed and performance of the obligations of the parties may be <br />accomplished within the intent of the contract, the terms of this contract are severable. Should any term or <br />provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall <br />not affect the validity ofi any other term or provision hereof. <br />30. Waiver <br />The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or <br />deemed as waiver of any subsequent breach of such term, provision, or requirement, or of any other term, <br />provision, or requirement. <br />31. Entire Understanding <br />This contract is intended as the complete integration of all understandings between the parties. No prior or <br />contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, <br />unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other <br />amendment hereto shall have any force or effect unless embodied in a writing executed and approved <br />pursuant to the Colorado State Fiscal Rules. <br />32. Survival of Certain Contract Terms <br />Notwithstanding anything herein to the contrary, all terms and conditions of this contract, including but not <br />limited to its exhibits and attachments, which may require continued performance, compliance, or effect <br />beyond the termination date of the contract, shall survive such termination date and shall be enforceable by <br />the State in the event of the Contractor's failure to perform or comply as required. <br />33. Modification and Amendment <br />33.1 This contract is subject to such modifications as may be required by changes in Federal or Colorado <br />State law, or their implementing regulations. Any such required modification automatically shall be <br />incorporated into and be part of this contract on the Effective Date of such change, as if fully set forth <br />herein. <br />33.2 Except as specifically provided in this contract, no modification of this contract shall be effective <br />unless agreed to in writing by both parties in an Amendment to this contract, properly executed and <br />approved in accordance with Colorado State law and State Fiscal Rules. <br />34. Venue <br />Venue for any action related to performance of this contract shall be in the City and County of Denver, <br />Colorado. <br />35. Order of Precedence <br />The provisions of this contract shall govern the relationship of the State and Contractor. In the event of <br />conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or <br />inconsistencies shall be resolved by reference to the documents in the following order of priority: <br />(a) Colorado Special Provisions, pages 12 to 13. <br />(b) Remaining pages of the contract, pages 1 to 11. <br />(c) Exhibit A, Scope of Work <br />Page 11 of 14 <br />
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