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B.Consideration <br /> The Parties acknowledge that the mutual promises and covenants contained herein and other good and <br /> valuable consideration are sufficient and adequate to support this Contract. <br /> C.Purpose <br /> Redesign of the Rio Grande Reservoir owned and operated by the San Luis Valley Irrigation District. <br /> D. Selection <br /> This contract is exempt from the procurement code under§24-101-105 C.R.S. <br /> E.References <br /> All references in this Contract to sections(whether spelled out or using the§ symbol),subsections,exhibits <br /> or other attachments,are references to sections,subsections,exhibits or other attachments contained herein <br /> or incorporated as a part hereof,unless otherwise noted. <br /> 4.DEFINITIONS <br /> The following terms as used herein shall be construed and interpreted as follows: <br /> A.Budget <br /> "Budget"means the budget for the Work described in Exhibit A. <br /> B.Contract <br /> "Contract"means this Contract, its terms and conditions,attached exhibits,documents incorporated by <br /> reference under the terms of this Contract,and any future modifying agreements,exhibits,attachments or <br /> references incorporated herein pursuant to Colorado State law,Fiscal Rules,and State Controller Policies. <br /> C. Contract Funds <br /> "Contract Funds"means funds available for payment by the State to Contractor pursuant to this Contract. <br /> D.Evaluation <br /> "Evaluation"means the process of examining Contractor's Work and rating it based on criteria established <br /> in§6 and Exhibit A. <br /> E.Exhibits and other Attachments <br /> The following are attached hereto and incorporated by reference herein:Exhibit A(Statement of Work). <br /> F.Goods <br /> "Goods"means tangible material acquired,produced,or delivered by Contractor either separately or in <br /> conjunction with the Services Contractor renders hereunder. <br /> G.Party or Parties <br /> "Party"means the State or Contractor and"Parties"means both the State and Contractor. <br /> H.Review <br /> "Review"means examining Contractor's Work to ensure that it is adequate,accurate,correct and in <br /> accordance with the criteria established in§6 and Exhibit A. <br /> I.Services <br /> "Services"means the required services to be performed by Contractor pursuant to this Contract. <br /> J.Subcontractor <br /> "Subcontractor"means third-parties,if any,engaged by Contractor to aid in performance of its obligations. <br /> K.Work. <br /> "Work"means the tasks and activities Contractor is required to perform to fulfill its obligations under this <br /> Contract and Exhibit A.,including the performance of the Services and delivery of the Goods. <br /> L.Work Product <br /> "Work Product"means the tangible or intangible results of Contractor's Work,including,but not limited <br /> to,software,research,reports,studies,data,photographs,negatives or other finished or unfinished <br /> documents,drawings,models,surveys,maps,materials,or work product of any type,including drafts. <br /> Page 2 <br />