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D. Liability Each party agrees to be responsible and assume liability for its own wrongful or <br /> negligent acts or omissions, or those of its officer, agents, or employees to the full extent required <br /> by law. <br /> E. Termination This MOU may be terminated by any of the parties hereto upon written notice <br /> delivered to the other parties at least thirty(30)days prior to intended dates of termination. By such <br /> termination,no party may nullify obligations already incurred for performance or failure to perform <br /> prior to the date of termination. <br /> F. Changes/Amendments/Assignment This MOU constitutes the entire agreement between <br /> the parties. All amendments and/or changes shall be by written instrument executed by the parties <br /> of hereto. The parties hereto have caused this MOU to be executed as of the date set forth herein by <br /> their duly authorized representatives. The rights and responsibilities of the parties under this <br /> contract shall not be assignable without the prior written approval of the Colorado Water <br /> Conservation Board. <br /> G. Funding Availability This contract is subject to and contingent upon the continuing <br /> availability of federal funds for the purposes hereof. <br /> Financial obligations of the State of Colorado payable after the current fiscal year are contingent <br /> upon funds for that purpose being appropriated,budgeted and otherwise made available. <br /> H. Breach of Contract If a dispute arises between the parties under this contract over payment <br /> for goods or services, the dispute is brought before the State Controller and he determines what <br /> payment will be made between the parties involved in the dispute. <br /> I. Controller's Approval This contract shall not be deemed valid until it shall have been <br /> approved by the Controller of the State of Colorado or such assistant as he may designate. This <br /> provision is applicable to any contract involving the payment of money by the State. <br /> Page 2 of 5 <br />