17-Aug-Colorado Foundation Water Edu (CFWE)_CTGG1 2018-1605

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C. Extension Terms- State's Option The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of 1 year or less at the same rates and under the same terms specified in this Agreement(each such period an "Extension Term"). In order to exercise this option,the State shall provide written notice to Grantee in a form substantially equivalent to Exhibit C. D. End of Term Extension If this Agreement approaches the end of its Initial Term,or any Extension Term then in place, the State,at its discretion,upon written notice to Grantee as provided in§15.,may unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months(an"End of Term Extension"), regardless of whether additional Extension Terms are available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement Agreement or modification extending the total term of this Agreement. E. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply to a termination of this Agreement by the State for breach by Grantee,which shall be governed by §13.A.i. i. Method and Content The State shall notify Grantee of such termination in accordance with§15.,The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest,Grantee shall be subject to the rights and obligations set forth in§13.A.i.a. iii. Payments If the State terminates this Agreement in the public interest,the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State, the State may reimburse Grantee for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. Contract Number:CTGG1 2018-1605 Page 3 of 22 Version 0817