Rio Grande - Haywood Contract/Scope of Work

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availability of State appropriations as provided in§17.B. If GOCO and/or federal funds are used to fund this Grant in whole or in part,the State's performance hereunder is contingent upon the continuing availability of such funds.Payments pursuant to this Grant during any State fiscal year shall be made only from available funds encumbered for this Grant for such State fiscal year and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds.If State,GOCO,or federal funds are not fully appropriated or otherwise become unavailable,the State may terminate this Grant in whole or to the extent of such funding reduction,without further liability,after providing notice to Grantee in accordance with§14. C.Erroneous Payments At the State's sole discretion,payments made to Grantee in error for any reason,including,but not limited to, overpayments or improper payments,and unexpended or excess funds received by Grantee,may be recovered from Grantee by deduction from subsequent payments under transactions between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. 8.LITIGATION REPORTING A.Litigation Reporting Within five days after being served with any pleading in a legal action filed with a court or administrative agency,related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving,such notice and copies shall be delivered to the Executive Director of CWCB. B.Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this§8 may result in the delay of payment of funds and/or exercise of any remedies provided under this Grant, including termination. 9.PERFORMANCE CONTINGENCIES FOR THE STATE The State's performance hereunder is contingent upon successful completion or express waiver,done in accordance with§16.J,of each of the following conditions in this§9.If one or more of these contingencies are not satisfied by Closing,and the Parties have not agreed in writing to allow additional time for satisfaction,then this Grant shall automatically terminate and Grantee and the State shall be released from all further obligations and liabilities under this Grant. A.Approvals Final approvals of this transaction by the following entities and persons: i.The Rio Grande basin Roundtable and the CWCB Board; ii.GOCO if GOCO funding is involved;and iii.The applicable agency of the federal government if federal funding is involved. B.Appraisal and Other Due Diligence i.Appraisal Grantee shall,at no cost and expense to the State,have an appraisal completed in accordance with CRS §24-30-202(5)(b)that supports the Purchase Price and is satisfactory to and accepted by the Colorado State Controller.The appraisal shall be acceptable to any review appraiser if a review appraisal is requested by the State.Copies of all appraisals ordered by Grantee shall be provided to the State. ii.Contract Grantee shall provide the State with an executed copy of the contract between Grantee and Owner relating to the purchase of the Easement. iii.Option Agreement Grantee shall provide the State with an executed copy of the Option Agreement between Grantee and Owner relating to the Grantee's Option Agreement for the purchase of the Easement. iv.Description and Maps Grantee shall cause to be prepared,without cost or expense to the State,a legal description of the Property and Easement areas and site and area maps that are acceptable to and approved by the State. Page 4 of 12