C153735 Contract

• Contract/PO #: C153735
• Contractor Name: South Platte Lower River Group Inc.
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

Notwithstanding the above, the Grantee shall not be relieved of liability to the State
for any damages sustained by the State by virtue of any breach of the contract by the
Grantee, and the State may withhold any payments to the Grantee for the purpose of setoff
until such time as the exact amount of damages due the State from the Grantee is
determined.
7. Contract relationship. The parties to this contract intend that the relationship
between them contemplated by this contract is that of grantor-grantee, not
employer-employee nor principal-agent. No agent, employee, or servant of the Grantee shall
be, or shall be deemed to be, an employee, agent, or servant of the State.
8. Severability. To the extent that this contract may be executed and performance
of the obligations of the parties may be accomplished within the intent of the contract, the
terms of this contract are severable, and should any term or provision hereof be declared
invalid or become inoperative for any reason, such invalidity or failure shall not affect the
validity of any other term or provision hereof. The waiver of any breach of a term hereof shall
not be construed as waiver of any other term.
9. Assignment. Neither party may assign its rights or duties under this contract
without the prior written consent of the other party.
10. Captions. The captions and headings contained in this contract are for
convenience and reference only and shall not be construed so as to define or limit the terms
or provisions contracted herein.
11. Addresses for mailing. All notices, correspondence, or other documents required
by this contract shall be delivered or mailed to the following addresses:
For the STATE: For the GRANTEE:
Colorado Water Conservation Board South Platte Lower River Group, Inc.
1313 Sherman Street, Room 721 100 Broadway Plaza, Suite 12
Denver, CO 80203 Sterling, CO 80751
Special provisions (1993 version)
12. Controller's approval. This contract shall not be deemed valid until it shall have been approved by the Controller of the State
of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the
STATE.
13. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds
for that purpose being appropriated,budgeted, and otherwise made available.
14. Bond requirement. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,
repair,maintenance,or improvement of any building, road, bridge,viaduct,tunnel,excavation or other public work for this STATE,the
CortragcToa shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the STATE
official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum
not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
corporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the CONTRACTOR or his
subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed
by such CONTRACTOR or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental
machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified
South Platte Lower River Group, Inc. Page 3 of 5 Grant Contract