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C150510 Contract
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C150510 Contract
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Last modified
3/27/2013 8:10:00 AM
Creation date
3/26/2013 12:28:28 PM
Metadata
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Template:
Grants
Applicant
Sanchez Ditch and Reservoir Company
Grant Type
Non-Reimbursable
Fiscal Year (i.e. 2008)
2013
Project Name
Sanchez Reservoir Outlet Rehabilitation Project
CWCB Section
Finance
Contract/PO #
C150510
Grants - Doc Type
Contract/Purchase Order
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Policies, including, but not limited to, the policy entitled MODIFICATIONS OF GRANTS - TOOLS <br />AND FORMS. <br />ii. By Operation of Law <br />This Grant is subject to such modifications as may be required by changes in Federal or Colorado <br />State law, or their implementing regulations. Any such required modification automatically shall be <br />incorporated into and be part of this Grant on the effective date of such change, as if fully set forth <br />herein. <br />I. Order of Precedence <br />The provisions of this Grant shall govern the relationship of the State and Grantee. In the event of conflicts <br />or inconsistencies between this Grant and its exhibits and attachments including, but not limtied to, those <br />provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in <br />the following order of priority: <br />i. Colorado Special Provisions, <br />ii. The provisions of the main body of this Grant, <br />iii. Exhibit A and Exhibt B. <br />J. Severability <br />Provided this Grant can be executed and performance of the obligations of the Parties accomplished within <br />its intent, the provisions hereof are severable and any provision that is declared invalid or becomes <br />inoperable for any reason shall not affect the validity of any other provision hereof. <br />K. Survival of Certain Grant Terms <br />Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, <br />compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by <br />the State if Grantee fails to perform or comply as required. <br />L. Taxes <br />The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84- 730123K) and from all <br />State and local government sales and use taxes under CRS § §39 -26 -101 and 201 et seq. Such exemptions <br />apply when materials are purchased or services rendered to benefit the State; provided however, that certain <br />political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the <br />product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State <br />is prohibited from paying for or reimbursing Grantee for them. <br />M. Third Party Beneficiaries <br />Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and <br />not to any third party. Any services or benefits which third parties receive as a result of this Grant are <br />incidental to the Grant, and do not create any rights for such third parties. <br />N. Waiver <br />Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, <br />whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any <br />subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. <br />O. CORA Disclosure <br />To the extent not prohibited by federal law, this Grant and the performance measures and standards under <br />CRS §24- 103.5 -101, if any, are subject to public release through the Colorado Open Records Act, <br />CRS §24 -72 -101, et seq. <br />Page 12 of 15 <br />
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