Arkansas - Mt. Pisgah Dam Rehab_C150505

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Policies, including,but not limited to,the policy entitled MODIFICATIONS OF GRANTS-TOOLS AND FORMS. i. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law,or their implementing regulations.Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change,as if fully set forth herein. I. Order of Precedence The provisions of this Grant shall govern the relationship of the State and Grantee.In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including,but not limtied to,those provided by Grantee,such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i.Colorado Special Provisions, ii.The provisions of the main body of this Grant, i. Exhibit A and Exhibt B. J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent,the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary,provisions of this Grant requiring continued performance, compliance,or effect after termination hereof,shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32(No. 84-730123K)and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq.Such exemptions apply when materials are purchased or services rendered to benefit the State;provided however,that certain political subdivisions(e.g.,City of Denver)may require payment of sales or use taxes even though the product or service is provided to the State.Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties,and not to any third party.Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant,and do not create any rights for such third parties. N.Waiver Waiver of any breach of a term,provision,or requirement of this Grant,or any right or remedy hereunder, whether explicitly or by lack of enforcement,shall not be construed or deemed as a waiver of any subsequent breach of such term,provision or requirement,or of any other term,provision,or requirement. O.CORA Disclosure To the extent not prohibited by federal law,this Grant and the performance measures and standards under CRS §24-103.5-101, if any,are subject to public release through the Colorado Open Records Act, CRS §24-72-101,et seq. P. Two Month Extension The State,at its sole discretion upon written notice to Contractor as provided in§16,may unilaterally extend the term of this Contract for a period not to exceed two months if the Parties are negotiating a replacement Contract at or near the end of any initial term or renewal term.The provisions of this Contract in effect when such notice is given,including,but not limited to prices,rates,and delivery requirements, shall remain in effect during the two-month extension.The two month extension shall immediately terminate when and if a replacement Contract is approved and signed by the Colorado State Controller. Page 12 of 15