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5 . In consideration of the State assuming a portion of the <br /> cost of the preparation of the said project feasibility report , <br /> the Contractor shall pay to the State the sum of Three Thousand <br /> Eight Hundred Eighty-Five Dollars ($3 , 885 ) provided that <br /> construction of the subject water project is initiated within <br /> ten ( 10) years of the date of this contract . The Contractor <br /> shall fulfill this obligation irrespective of how or by whom or <br /> to what specifications or plans the subject project is <br /> financed , paid , or constructed for so long as construction of <br /> the project is initiated within the specified time . <br /> 6 . In the event the Contractor must make payment pursuant <br /> to the terms of paragraph 5 . above , then the said sum of Three <br /> Thousand Eight Hundred Eighty-Five Dollars ($3 , 885 ) shall be <br /> payable in ten ( 10) equal yearly installments of Three Hundred <br /> Eighty-Eight Dollars and Fifty Cents ($388 . 50 ) each, the first <br /> installment to be due and payable upon the January 1st next <br /> succeeding the initiation of construction on the said water <br /> project . Subsequent payments shall be due and payable on <br /> January 1st of each year thereafter . <br /> 7 . This contract is personal in nature and assignment of <br /> performance by the Contractor to another is prohibited unless <br /> prior approval in writing is granted by the State . <br /> 8 . The Contractor is an independent contractor and as such <br /> is not entitled to any benefits of the State personnel system. <br /> 9 . The original contract price stated in paragraph 4 . and <br /> any additions thereto shall be adjusted to exclude any <br /> significant sums by which the State determines the contract <br /> price increased due to inaccurate , incomplete , or noncurrent <br /> wage rates and other factual unit costs . All such contract <br /> adjustments shall be made within one (1) year following the end <br /> of the contract . <br /> 10 . The Contractor warrants that he has not employed or <br /> retained any company or person, other than a bona fide employee <br /> working solely for him, to solicit or secure this contract and <br /> that he has not paid or agreed to pay any person, company, <br /> corporation, individual , or firm, other than a bona fide <br /> employee working solely for him, any fee , commission, <br /> percentage , gift , or other consideration contingent upon or <br /> resulting from the award or the making of this contract . <br /> 11 . All notices , correspondence , or other documents <br /> required by this contract shall be delivered or mailed to the <br /> following addresses : <br /> a . For the State b. For the Contractor <br /> Mr . J . William McDonald , Director Fruitland Mesa Water <br /> Colorado Water Conservation Board Conservancy District <br /> 721 State Centennial Building Route 1 <br /> 1313 Sherman Street Crawford , CO 81415 <br /> Denver , CO 80203 Attn: Wendell Shaw <br /> Attn: Nick Ioannides District Secretary <br /> ra r <br /> ViTZT <br /> Pelle 2 of 4 Pages <br />