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C. Remedies Not Involving Termination <br />The State, its sole discretion, may exercise one or more of the following remedies in addition to other <br />remedies available to it: <br />i. Suspend Performance <br />Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary <br />corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or <br />performance schedule. Grantee shall promptly cease performance and incurring costs in accordance <br />with the State's directive and the State shall not be liable for costs incurred by Grantee after the <br />suspension of performance under this provision. <br />ii. Withold Payment <br />Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and <br />completed. <br />iii. Deny Payment <br />Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot <br />be performed or, if performed, would be of no value to the State; provided, that any denial of payment <br />shall be reasonably related to the value to the State of the obligations not performed. <br />iv. Removal <br />Demand removal of any of Grantee's employees, agents, or Sub - grantees whom the State deems <br />incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued <br />relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. <br />v. Intellectual Property <br />If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right <br />while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the <br />State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other <br />product involved with non - infringing products or modify them so that they become non - infringing; or, <br />(c) if neither of the forgegoing alternatives are reasonably available, remove any infringing Goods, <br />Services, or products and refund the price paid therefore to the State. <br />16. NOTICES and REPRESENTATIVES <br />Each individual identified below is the principal representative of the designating Party. All notices <br />required to be given hereunder shall be hand delivered with receipt required or sent by certified or <br />registered mail to such Party's principal representative at the address set forth below. In addition to, but not <br />in lieu of a hard -copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, 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. Unless otherwise provided herein, all notices shall be effective upon <br />receipt. <br />A. State: <br />B. Grantee: <br />Anna Mauss, Program Manager, Water <br />Project Loan Program <br />Colorado Water Conservation Board <br />1580 Loean Street. Suite 600 <br />i Denver, CO 80203 f <br />Jay Yeager, Manager <br />Santa Maria Reservoir Company <br />PO Box 288 <br />Monte Vista, CO 81144 <br />Page 10 of 16 <br />