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22. BREACH <br /> A. Defined <br /> The failure of a Party to perform any of its obligations in accordance with this Contract, in <br /> whole or in part or in a timely or satisfactory manner, shall be a breach. The institution of <br /> proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against <br /> Borrower, or the appointment of a receiver or similar officer for Borrower or any of its <br /> property, which is not vacated or fully stayed within 30 days after the institution of such <br /> proceeding, shall also constitute a breach. <br /> B. Notice and Cure Period <br /> In the event of a breach, the aggrieved Party shall give written notice of breach to the other <br /> Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after <br /> the delivery of written notice,the Party may exercise any of the remedies as described in§19 <br /> for that Party.Notwithstanding any provision of this Contract to the contrary,the State,in its <br /> discretion, need not provide notice or a cure period and may immediately terminate this <br /> Contract in whole or in part or institute any other remedy in the Contract in order to protect <br /> the public interest of the State. <br /> 23. NOTICES AND REPRESENTATIVES <br /> Each individual identified below shall be the principal representative of the designating Party.All <br /> notices required or permitted to be given under this Contract shall be in writing, and shall be <br /> delivered (i) by hand with receipt required, (ii) by certified or registered mail to such Party's <br /> principal representative at the address set forth below or(iii)as an email with read receipt requested <br /> to the principal representative at the email address, if any, set forth below. If a Party delivers a <br /> notice to another through email and the email is undeliverable, then, unless the Party has been <br /> provided with an alternate email contact,the Party delivering the notice shall deliver the notice by <br /> hand with receipt required or by certified or registered mail to such Party's principal representative <br /> at the address set forth below. Either Party may change its principal representative or principal <br /> representative contact information by notice submitted in accordance with this §23 without a <br /> formal amendment to this Contract. Unless otherwise provided in this Contract, notices shall be <br /> effective upon delivery of the written notice. <br /> For the State: For Borrower: <br /> Peg Mason Christopher Smith,P.E.,General Mgr. <br /> Colorado Water Conservation Board Left Hand Water District <br /> 1313 Sherman St.,Room 718 PO Box 210 <br /> Denver,CO 80203 Niwot,CO 80544-0210 <br /> peg.mason@state.co.us chrissmith@lefthandwater.org <br /> 303-866-3441 x3227 303-530-4200 <br /> 24. GOVERNMENTAL IMMUNITY <br /> Liability for claims for injuries to persons or property arising from the negligence of the State,its <br /> departments, boards, commissions committees,bureaus, offices, employees and officials shall be <br /> controlled and limited by the provisions of the GIA;the Federal Tort Claims Act,28 U.S.C.Pt.VI, <br /> Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. <br /> C.R.S. <br /> Page 11 of 15 <br /> Contract Number:CT2018-2028 <br />