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MISCELLANEOUS PROVISIONS <br />26. Representatives <br />Each individual identified below is the principal representative of the designating party. All notices <br />required to be given to a party pursuant to this contract shall be hand delivered with receipt required or <br />sent by certified or registered mail to such party's principal representative at the address for such party <br />set forth below. Either party may from time to time designate by written notice substitute addresses or <br />persons to whom such notices shall be sent. <br />For the State: <br />Name: Veva McCaig <br />Title: OWC Section Chief <br />Address: 1313 Sherman St #721 <br />Telephone: (303) 866 -3339 <br />For Contractor: <br />Name: Laurna Kaatz, City of Aurora <br />Title: Engineer <br />Address: 15151 East Alameda Parkway, Suite 3600 <br />Telephone: (303) 739 -7264 <br />27. Assignment and Successors <br />Contractor's rights and obligations under this contract shall be deemed to be personal and may not be <br />transferred, assigned or subcontracted without the prior, written consent of the State, which shall not be <br />unreasonably withheld. Any attempt at assignment, transfer or subcontracting without such consent shall be <br />void, except that Contractor may assign the right to receive payments from the State pursuant to section 4 -9- <br />318, C.R.S. All subcontracts and subcontractors consented to by the State shall be made subject to the <br />requirements, terms and conditions of this contract. Contractor alone shall be responsible for all <br />subcontracting arrangements, directions and delivery of subcontracted work or Goods, and performance of <br />any subcontracted Services. Contractor shall require and ensure that each subcontractor shall assent in <br />writing to all the terms and conditions of this contract, including an obligation of the subcontractor to indemnify <br />the State as is required under Section 3 of the Colorado Special Provisions, incorporated as a part of this <br />contract. • <br />28. Third Party Beneficiaries <br />The enforcement of the terms and conditions of this contract and all rights of action relating to such <br />enforcement shall be strictly reserved to the State and Contractor. Nothing contained in this contract <br />shall give or allow any claim or right of action whatsoever by any third person. It is the express intention <br />of the State and Contractor that any such person or entity, other than the State or Contractor, receiving <br />services or benefits under this contract shall be deemed an incidental beneficiary only. <br />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 <br />or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure <br />shall not affect the validity of 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 <br />term, provision, or requirement. <br />31. Entire Understanding <br />This contract is intended as the complete integration of all understandings between the parties. No prior <br />or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect <br />Page 10 of 13 <br />04 -11 -07 <br />