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commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon
<br />request by the State, the contractor shall show proof of such insurance satisfactory to the State
<br />23. 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 />24. Force Majeure
<br />Neither Contractor nor the State shall be liable to the other for any delay in, or failure of performance of,
<br />any covenant or promise contained in this contract, nor shall any delay or failure constitute default or give
<br />rise to any liability for damages if, and only to the extent that, such delay or failure is caused by "force
<br />majeure." As used in this contract "force majeure" means acts of God; acts of the public enemy; public
<br />health/safety emergency acts of the State or any governmental entity in its sovereign capacity; fires; floods,
<br />epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe
<br />weather.
<br />MISCELLANEOUS PROVISIONS
<br />25. 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: Eric Hecox
<br />Title: Section Chief, Intrastate Water Management and Development, CWCB
<br />Address: 1313 Sherman Street, Room 721, Denver, CO 80203
<br />Telephone: (303) 866-3441 ext. 3217
<br />For Contractor:
<br />Name: Jon Monson
<br />Title: Water and Sewer Director, City of Greeley
<br />Address: 1100 10th Street, Suite 300, Greeley, CO 880631
<br />Telephone: (970) 350-9820
<br />26. Assignment and Successors
<br />Unless otherwise specified in Exhibit A, Scope of Work, Contractor'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 Contractor 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
<br />to by the State shall be made subject to the requirements, terms and conditions of this contract. Contractor
<br />alone shall be responsible for all subcontracting arrangements, directions and delivery of subcontracted work
<br />or Goods, and performance of any subcontracted Services. Contractor shall require and ensure that each
<br />subcontractor shall assent in writing to all the terms and conditions of this contract, including an obligation of
<br />the subcontractor to indemnify the State as is required under Section 3 of the Colorado Special Provisions,
<br />incorporated as a part of this contract.
<br />27. Third Party Beneficiaries
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