CT2018-2829 Contract

• Contract/PO #: CT2018-2829
• Contractor Name: Lupton Bottom Ditch Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

J. Statutes,Regulations,Fiscal Rules, and Other Authority.
Any reference in this Contract to a statute,regulation, State Fiscal Rule,fiscal policy or other
authority shall be interpreted to refer to such authority then current, as may have been
changed or amended since the Effective Date of this Contract.
K. Order of Precedence
In the event of a conflict or inconsistency between this Contract and any Appendices or
attachment such conflict or inconsistency shall be resolved by reference to the documents in
the following order of priority:
i. Colorado Special Provisions in §28., of the main body of this Contract. •
ii. The provisions of the other sections of the main body of this Contract. •
iii. Appendices.
L. Severability
The invalidity or unenforceability of any provision of this Contract shall not affect the validity
or enforceability of any other provision of this Contract,which shall remain in full force and
effect,provided that the Parties can continue to perform their obligations under this Contract
in accordance with the intent of the Contract.
M. Survival of Certain Contract Terms
Any provision of this Contract that imposes an obligation on a Party after termination or
expiration of the Contract shall survive the termination or expiration of the Contract and shall
be enforceable by the other Party.
N. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described in §27.A., this Contract
does not and is not intended to confer any rights or remedies upon any person or entity other
than the Parties. Enforcement of this Contract and all rights and obligations hereunder are
reserved solely to the Parties. Any services or benefits which third parties receive as a result
of this Contract are incidental to the Contract, and do not create any rights for such third
parties.
O. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Contract,
whether explicit or by lack of enforcement, shall not operate as a waiver,nor shall any single
or partial exercise of any right, power, or privilege preclude any other or further exercise of
such right,power, or privilege.
P. CORA Disclosure
To the extent not prohibited by federal law,this Contract and the performance measures and
standards required under §24-103.5-101 C.R.S., if any, are subject to public release through
the CORA.
Q. Standard and Manner of Performance
Borrower shall perform its obligations under this Contract in accordance with the highest
standards of care, skill and diligence in Borrower's industry,trade, or profession.
Page 15 of 19
Contract Number:C 1 20 1 8-2829