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obligations. Such performance information shall be entered into the statewide Grant Management System at
<br /> intervals established herein and a final Evaluation,Review and Rating shall be rendered within 30 days of the
<br /> end of the Grant term. Grantee shall be notified following each performance Evaluation and Review,and shall
<br /> address or correct any identified problem in a timely manner and maintain work progress.
<br /> Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
<br /> meet the performance measures established hereunder,the Executive Director of the Colorado Department of
<br /> Personnel and Administration(Executive Director),upon request by the CWCB,and showing of good cause,
<br /> may debar Grantee and prohibit Grantee from bidding on future Grants.Grantee may contest the final
<br /> Evaluation,Review and Rating by: (a)filing rebuttal statements,which may result in either removal or
<br /> correction of the evaluation(CRS §24-105-102(6)),or(b)under CRS §24-105-102(6),exercising the debarment
<br /> protest and appeal rights provided in CRS §§24-109-106, 107,201 or 202,which may result in the reversal of
<br /> the debarment and reinstatement of Grantee,by the Executive Director, upon showing of good cause.
<br /> 20. GENERAL PROVISIONS
<br /> A.Assignment and Subgrants
<br /> Grantee's rights and obligations hereunder are personal and may not be transferred,assigned or subgranted
<br /> without the prior,written consent of the State.Any attempt at assignment,transfer,or subgranting without
<br /> such consent shall be void.All assignments, subgrants,or Subgrantees approved by Grantee or the State are
<br /> subject to all of the provisions hereof.Grantee shall be solely responsible for all aspects of subgranting
<br /> arrangements and performance.
<br /> B.Binding Effect
<br /> Except as otherwise provided in§20(A),all provisions herein contained, including the benefits and
<br /> burdens,shall extend to and be binding upon the Parties'respective heirs, legal representatives, successors,
<br /> and assigns.
<br /> C. Captions
<br /> The captions and headings in this Grant are for convenience of reference only, and shall not be used to
<br /> interpret,define,or limit its provisions.
<br /> D. Counterparts
<br /> This Grant may be executed in multiple identical original counterparts,all of which shall constitute one
<br /> agreement.
<br /> E. Entire Understanding
<br /> This Grant represents the complete integration of all understandings between the Parties and all prior
<br /> representations and understandings,oral or written,are merged herein.Prior or contemporaneous additions,
<br /> deletions,or other changes hereto shall not have any force or effect whatsoever,unless embodied herein.
<br /> F.Indemnification-General
<br /> Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all
<br /> claims,damages, liability and court awards including costs,expenses,and attorney fees and related costs,
<br /> incurred as a result of any act or omission by Grantee,or its employees,agents, Subgrantees,or assignees
<br /> pursuant to the terms of this Grant;however,the provisions hereof shall not be construed or interpreted as a
<br /> waiver,express or implied,of any of the immunities,rights,benefits,protection,or other provisions,of the
<br /> Colorado Governmental Immunity Act,CRS §24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C.
<br /> 2671 et seq.,as applicable,as now or hereafter amended.
<br /> G.Jurisdiction and Venue
<br /> All suits,actions,or proceedings related to this Grant shall be held in the State of Colorado and exclusive
<br /> venue shall be in the City and County of Denver.
<br /> H.Modification
<br /> i.By the Parties
<br /> Except as specifically provided in this Grant,modifications of this Grant shall not be effective unless
<br /> agreed to in writing by the Parties in an amendment to this Grant,properly executed and approved in
<br /> accordance with applicable Colorado State law, State Fiscal Rules,and Office of the State Controller
<br /> Policies,including,but not limited to,the policy entitled MODIFICATIONS OF CONTRACTS-
<br /> TOOLS AND FORMS.
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