Laserfiche WebLink
authorize its undersigned signatory to execute this contract and to bind Contractor to its terms. Contractor <br />agrees it shall submit voluntarily to the personal jurisdiction of the Federal and State courts in the State of <br />Colorado and venue in the City and County of Denver, Colorado. 7he person(s) executing this contract on <br />behalf of Contractor warrant(s) that such person(s) have full authorization to execute this contract. <br />19. Compliance with Applicable Law <br />19.1 Contractor shall at all times during the execution of this contract strictly adhere to, and comply with, <br />all applicable Federal and Colorado State laws, and their implementing regulations, as they currently <br />exist and may hereafter be amended, which laws and regulations are incorporated herein by this <br />reference as terms and conditions of this contract. Contractor also shall require compliance with <br />such laws and regulations by subcontractors under subcontracts permitted under this contract. <br />REMEDIES <br />20. Remedies <br />In addition to any other remedies provided for in this contract, and withaut limiting the remedies otherwise <br />available at law or in equity, the State may exercise the following remedial actions if Contractor <br />substantially fails to satisfy or perform the duties and obligations in this contract. "Substantial failure" to <br />satisfy duties and obligations shall be defined to mean material, insufficient, incorrect or improper <br />performance, activities, or inaction by Contractor. These remedial actions are as foflows: <br />(a) Suspend Contractor's performance pending necessary corrective action as specified by the <br />State, without Contractor's entitlement to adjustment in price/cost or schedule. Furthermore, at <br />the State's option, a directive to suspend may include suspension of this entire contract or any <br />particular part of this contract that the State determines in good faith would not be beneficial or <br />in the State's best interests due to Contractor's substantial non-performance. Accordingly, the <br />State shall not be liable to Contractor for costs incurred after the State has duly notified <br />Contractor of the suspension of performance under this provision, and Contractor shall <br />promptly cease performance and incurring costs in accordance with the State's directive; <br />(b) Withhold payment to Contractor until the necessary Services or corrections in performance, <br />development or manufacture are satisfactorily completed; <br />(c) Request the removal from work on this contract of employees or agents of Contractor identified <br />by the State, in its reasonable judgment, as being incompetent, careless, insubordinate, <br />unsuitable, or otherwise unacceptable, or whose continued employment on this contract the <br />State deems to be contrary to the public interest or not in fihe best interests of the State; <br />(d) Deny payment for those Services or obligations which have not been performed which have <br />not been provided and which, due to circumstances caused by Contractor, cannot be <br />performed, or if performed would be of no value to the State. Denial of the amount of payment <br />must be reasonably related to the value of work or performance lost to the State; and/or <br />(e) Terminate this contract for default. <br />The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them <br />individually or simultaneously. <br />21. Termination for Convenience <br />21.1 When the interests of the State so require, the State may terminate this contract in whole or in part, <br />for the convenience of the State. The State shafl give written notice of termination to Contractor <br />specifying the termination of all or a portion of this contract and the effective date of such. Exercise <br />by the State of this termination for convenience provision shall not be deemed a breach of contract <br />by the State. Upon receipt of written notice, Contractor shall incur no further obligations in <br />connection with the terminated work and, on the date set in the notice of termination, Contractor shall . <br />stop work to the extent specified. Contractor also shall terminate outstanding orders and <br />subcontracts as they relate to the terminated work. All finished or unfinished documents, data, <br />Page 7 of 14 <br />