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Except as otherwise provided in this Contract,any modification to this Contract shall only be <br /> effective if agreed to in a formal amendment to this Contract,properly executed and approved <br /> in accordance with applicable Colorado State law and State Fiscal Rules. Modifications <br /> permitted under this Contract, other than Contract amendments, shall conform to the policies <br /> issued by the Colorado State Controller. <br /> I. Statutes, Regulations, Fiscal Rules, and Other Authority. <br /> Any reference in this Contract to a statute,regulation, State Fiscal Rule,fiscal policy or other <br /> authority shall be interpreted to refer to such authority then current, as may have been <br /> changed or amended since the Effective Date of this Contract. <br /> J. External Terms and Conditions <br /> Notwithstanding anything to the contrary herein, the State shall not be subject to any <br /> provision included in any terms,conditions, or agreements appearing on Borrower's website <br /> or any provision incorporated into any click-through or online agreements related to the Work <br /> unless that provision is specifically referenced in this Contract. <br /> K. Severability <br /> The invalidity or unenforceability of any provision of this Contract shall not affect the validity <br /> or enforceability of any other provision of this Contract,which shall remain in full force and <br /> effect, provided that the Parties can continue to perform their obligations under this Contract <br /> in accordance with the intent of this Contract. <br /> L. Survival of Certain Contract Terms <br /> Any provision of this Contract that imposes an obligation on a Party after termination or <br /> expiration of this Contract shall survive the termination or expiration of this Contract and <br /> shall be enforceable by the other Party. <br /> M. Third Party Beneficiaries <br /> Except for the Parties' respective successors and assigns described in §23.A., this Contract <br /> does not and is not intended to confer any rights or remedies upon any person or entity other <br /> than the Parties. Enforcement of this Contract and all rights and obligations hereunder are <br /> reserved solely to the Parties. Any services or benefits which third parties receive as a result <br /> of this Contract are incidental to this Contract, and do not create any rights for such third <br /> parties. <br /> N. 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 single <br /> or partial exercise of any right, power, or privilege preclude any other or further exercise of <br /> such right,power, or privilege. <br /> O. CORA Disclosure <br /> To the extent not prohibited by federal law,this Contract and the performance measures and <br /> standards required under §24-106-107, C.R.S., if any, are subject to public release through <br /> the CORA. <br /> P. 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 /> Contract Number:CT2019-3687 Page 15 of 19 Version 0119 <br />