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CPW Water Provider Agreement
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CPW Water Provider Agreement
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10/14/2016 11:20:02 AM
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10/3/2016 12:25:43 PM
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Chatfield Mitigation
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VIII. Required State Provisions. The following provisions apply only when the Water <br /> Provider is an agency of CDNR and do not limit the rights or remedies of other <br /> Water Providers pursuant to their individual Water Provider Agreements: <br /> A. Effective Date. This Agreement shall not be effective or enforceable until it is <br /> approved and signed by the Colorado State Controller or designee <br /> (hereinafter called the "Effective Date"), but shall be effective and enforceable <br /> thereafter in accordance with its provisions. <br /> B. Failure to Perform — Disputes. The failure of a Party to perform its respective <br /> obligations in accordance with the provisions of this Agreement is a breach of <br /> this Agreement. In the event of disputes concerning performance hereunder <br /> or otherwise related to this Agreement, the Parties shall attempt to resolve <br /> them at the divisional level. If this fails, disputes shall be referred to senior <br /> departmental management staff designated by each party. If this fails, the <br /> matter shall be submitted in writing by both Parties to the State Controller, <br /> whose decision shall be final. <br /> C. Records Maintenance. During the term of this Agreement and for a period <br /> terminating upon the later of (i) the six year anniversary of the final payment <br /> under this Agreement or (ii) the resolution of any pending Agreement matters <br /> (the "Record Retention Period"), each Party shall maintain, and allow <br /> inspection and monitoring by the other Party, and any other duly authorized <br /> agent of a governmental agency, of a complete file of all records, documents, <br /> communications, notes and other written materials, electronic media files, and <br /> communications, pertaining in any manner to the work or the delivery of <br /> services or goods hereunder. <br /> D. Records Inspection. Water Provider shall have the right to inspect CDNR's <br /> performance at all reasonable times and places during the term of this <br /> Agreement. CDNR shall permit Water Provider, and any other duly authorized <br /> agent of a governmental agency having jurisdiction to monitor all activities <br /> conducted pursuant to this Agreement, to audit, inspect, examine, excerpt, <br /> copy and/or transcribe CDNR's records related to this Agreement during the <br /> Record Retention Period to assure compliance with the terms hereof or to <br /> evaluate performance hereunder. Monitoring activities controlled by Water <br /> Provider shall not unduly interfere with CDNR's performance hereunder. <br /> E. Confidential Information. Each Party shall treat the confidential information of <br /> the other Party with the same degree of care and protection it affords to its <br /> own confidential information, unless a different standard is set forth in this <br /> Agreement. Each Party shall notify the other Party immediately if it receives a <br /> request or demand from a third party for records or information of the other <br /> Party. <br /> 14 <br />
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