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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 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 /> THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK <br /> Page 12 of 15 <br />