23.7 Notwithstanding Subsection (a) of this section, if the Grantee is a"public entity" within the meaning of
<br />the Colorado Governmental Immunity Act, CRS 24-10-101, et se4•, as amended ("AcY'), the Grantee
<br />shall at all times during the term of this Contract maintain only such liability insurance, by commercial
<br />policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the
<br />State, the Grantee shall show proof of such insurance satisfactory to the State.
<br />24. Governmentallmmunity
<br />Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract
<br />shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
<br />protection, or other provisions of the Governmental Immunity Act. The parties understand and agree that
<br />liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its
<br />departments, institutions, agencies, boards, officials and employees is controlled and limited by the
<br />provisions of sections 24-10-101, et. seq., C.R.S., as now or hereafter amended and the risk management
<br />statutes, sections 24-30-1501, et seq., C.R.S., as now or hereafter amended.
<br />25. Force Majeure
<br />Neither Grantee nor the State shall be liable to the other for any delay in, or failure of performance of, any
<br />covenant or promise contained in this Contract, nor shall any delay or failure constitute default or give rise
<br />to any liability for damages if, and only to the extent that, such delay or failure is caused by "force majeure."
<br />As used in this Contract "force majeure" means acts of God; acts of the public enemy; public health/safety
<br />emergency acts of the State or any governmental entity in its sovereign capacity; fires; floods, epidemics;
<br />quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather.
<br />MISCELLANEOUS PROVISIONS
<br />26. Representatives
<br />Each individual identified below is the principal representative of the designating party. All notices required
<br />to be given to a party pursuant to this Contract shall be hand delivered with receipt required or sent by
<br />certified or registered mail to such party's principal representative at the address for such party set forth
<br />below. Either party may from time to time designate by written notice substitute addresses or persons to
<br />whom such notices shall be sent.
<br />For the State:
<br />Name: Rick Brown
<br />Title: Section Chief, Intrastate Water Management and Development, CWCB
<br />Address: 1313 Sherman Street, Room 721, Denver, CO 80203
<br />Telephone: (303) 866-3514
<br />For Grantee:
<br />Name: David H. Merritt, P.E.
<br />Title: Chief Engineer, Colorado River Water Conservation District
<br />Address: P.O. Box 1120, Glenwood Springs, CO 81602
<br />Telephone: (970) 945-8799
<br />27. Assignment and Successors
<br />Unless otherwise specified in Exhibit A, Scope of Work, Grantee's rights and obligations under this Contract
<br />shall be deemed to be personal and may not be transferred, assigned or subcontracted without the prior,
<br />written consent of the State, which shall not be unreasonably withheld. Any attempt at assignment, transfer or
<br />subcontracting without such consent shall be void, except that Grantee may assign the right to receive
<br />payments from the State pursuant to section 4-9-318, C.R.S. All subcontracts and subcontractors consented to
<br />by the State shall be made subject to the requirements, terms and conditions of this Contract. Grantee alone
<br />shall be responsible for all subcontracting arrangements, directions and delivery of subcontracted work, and
<br />perFormance of any subcontracted Services. Grantee shall require and ensure that each subcontractor shall
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