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is hereby attached and made a part of this contract as <br />Appendix B; and in no event shall this payment be the <br />liability of the State of Colorado. <br />5. In consideration of the State assuming a portion of the <br />cost of the preparation of the said project feasibility report, <br />the Contractor shall pay to the State the sum of Twenty -Five <br />Thousand Nine Hundred Dollars ($25,900) provided that <br />construction of the subject water project is initiated within <br />ten (10) years of the date of this contract. The Contractor <br />shall fulfill this obligation irrespective of how or by whom or <br />to what specifications or plans the subject project is <br />financed, paid, or constructed so long as construction of the <br />project is initiated within the specified time. <br />6. In the event the Contractor must make payment pursuant <br />to the terms of paragraph 5. above, then the said sum of <br />Twenty -Five Thousand Nine Hundred Dollars ($25,900) shall be <br />payable in ten (10) equal yearly installments of Two Thousand <br />Five Hundred Ninety Dollars ($2,590) each, the first <br />installment to be due and payable upon the January 1st next <br />succeeding the initiation of construction on the said water <br />project. Subsequent payments shall be due and payable on <br />January 1st of each year thereafter. <br />7. This contract is personal in rot a assignment of <br />performance by the Contractor to an ited unless <br />prior approval in writing is gran <br />8. The Contractor is an indep ractor and as such <br />is not entitled to any benefits of t personnel system. <br />9. The original contract prick, a ed in paragraph 4. and <br />any additions thereto shall be adjus��d to exclude any <br />significant sums by which the State determines the contract <br />price increased due to inaccurate, incomplete, or noncurrent <br />wage rates and other factual unit costs. All such contract <br />adjustments shall be made within one (1) year following the end <br />of the contract. <br />10. The Contractor warrants that he has not employed or <br />retained any company or person, other than a bona fide employee <br />working solely for him, to solicit or secure this contract and <br />that he has not paid or agreed to pay any person, company, <br />corporation, individual, or firm, other than a bona fide <br />employee working solely for him, any fee, commission, <br />percentage, gift, or other consideration contingent upon or <br />resulting from the award or the making of this contract. <br />11. All notices, correspondence, or other documents <br />required by this contract shall be delivered or mailed to the <br />following addresses: <br />a. For the State <br />b. For the Contractor <br />Mr. J. William McDonald, Director City of Greeley <br />Colorado Water Conservation Board 1000 10th Street <br />721 State Centennial Building Greeley, CO 80631 <br />1313 Sherman Street Attn: Mark Rybus <br />Denver_, CO 80203 Direc r-or of Public storks <br />Attn: Nick Ioannides <br />Page 2 of 4 Pages <br />