M. Survival of Certain Contract Terms
<br /> Any provision of this Contract that imposes an obligation on a Party after termination or
<br /> expiration of the Contract shall survive the termination or expiration of the Contract and
<br /> shall be enforceable by the other Party.
<br /> N. Third Party Beneficiaries
<br /> Except for the Parties' respective successors and assigns described in §27.A., this Contract
<br /> does not and is not intended to confer any rights or remedies upon any person or entity
<br /> other than the Parties. Enforcement of this Contract and all rights and obligations hereunder
<br /> are reserved solely to the Parties. Any services or benefits which third parties receive as a
<br /> result of this Contract are incidental to the Contract, and do not create any rights for such
<br /> third parties.
<br /> O. Waiver
<br /> A Party's failure or delay in exercising any right, power, or privilege under this Contract,
<br /> whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
<br /> single or partial exercise of any right, power, or privilege preclude any other or further
<br /> exercise of such right,power, or privilege.
<br /> P. CORA Disclosure
<br /> To the extent not prohibited by federal law, this Contract and the performance measures
<br /> and standards required under §24-103.5-101 C.R.S., if any, are subject to public release
<br /> through the CORA.
<br /> Q. Standard and Manner of Performance
<br /> Borrower shall perform its obligations under this Contract in accordance with the highest
<br /> standards of care, skill and diligence in Borrower's industry, trade, or profession.
<br /> R. Licenses, Permits, and Other Authorizations.
<br /> Borrower shall secure, prior to the Effective Date, and maintain at all times during the term
<br /> of this Contract, all licenses, certifications, permits, and other authorizations required to
<br /> perform its obligations under this Contract, and shall ensure that all employees, agents and
<br /> Subcontractors secure and maintain at all times during the term of their employment,
<br /> agency or subcontract, all license, certifications, permits and other authorizations required
<br /> to perform their obligations in relation to this Contract.
<br /> S. Indemnification
<br /> i. General Indemnification
<br /> Borrower shall indemnify, save, and hold harmless the State, its employees, agents
<br /> and assignees (the "Indemnified Parties"), against any and all costs, expenses, claims,
<br /> damages, liabilities, court awards and other amounts (including attorneys' fees and
<br /> related costs) incurred by any of the Indemnified Parties in relation to any act or
<br /> omission by Borrower, or its employees, agents, Subcontractors, or assignees in
<br /> connection with this Contract.
<br /> ii. Confidential Information Indemnification
<br /> Disclosure or use of State Confidential Information by may be cause for legal action
<br /> by third parties against Borrower, the State, or their respective agents. Borrower shall
<br /> indemnify, save, and hold harmless the Indemnified Parties, against any and all
<br /> Page 15 of 18
<br /> Contract Number:CT2019-2848
<br />
|