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CT2019-2034 Contract
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CT2019-2034 Contract
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Last modified
7/30/2019 11:45:52 AM
Creation date
7/30/2019 11:45:32 AM
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Loan Projects
Contractor Name
Florida Consolidated Ditch Company
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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The CWCB shall provide written notice to the Borrower of any .uch default and shall <br /> give the Borrower an opportunity to cure within sixty(60)days o receipt of such notice. <br /> All remedies described herein may be simultaneously or selecti ely and successively <br /> enforced. The CWCB may enforce the provisions of this Contra t at its option without <br /> regard to prior waivers of previous defaults by the Borrower, through judicial <br /> proceedings to require specific performance of this Contract, or by such other <br /> proceedings in law or equity as may be deemed necessary by the CWCB to ensure <br /> compliance with provisions of this Contract and the laws and regulations under which <br /> this Contract is executed. The CWCB's exercise of any or all of the remedies described <br /> herein shall not relieve the Borrower of any of its duties and obligations under this <br /> Contract. <br /> B. Borrower's Remedies <br /> If the State is in breach of any provision of this Contract and does of cure such breach, <br /> Borrower, following the notice and cure period in §21.A.i.d., and he dispute resolution <br /> process in §21, shall have all remedies available at law and equity. <br /> 22. DISPUTE RESOLUTION <br /> A. Initial Resolution <br /> Except as herein specifically provided otherwise,disputes concerning t e performance of this <br /> Contract, which cannot be resolved by the designated Contract re resentatives shall be <br /> referred in writing to the board for review,who will determine a resolution to the dispute. <br /> B. Resolution of Controversies,Not Involving Loan Default <br /> If the initial resolution described in§22.A fails to resolve the dispute within ten(10)Business <br /> Days, Borrower shall submit any alleged breach of this Contract by the State to the <br /> Procurement Official of the State Agency named on the Cover Page of this Contract as <br /> described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of <br /> §§24-109-101.1 through 24-109-505, C.R.S., (the "Resolution Statutes"), except that if <br /> Borrower wishes to challenge any decision rendered by the Procurement Official,Borrower's <br /> challenge shall be an appeal to the executive director of the Department of Personnel and <br /> Administration,or their delegate,under the Resolution Statutes before Borrower pursues any <br /> further action as permitted by such statutes. Except as otherwise stated in this Section, all <br /> requirements of the Resolution Statutes shall apply including, without limitation, time <br /> limitations. <br /> 23. NOTICES AND REPRESENTATIVES <br /> Each individual identified as a Principal Representative on the Cover Page for this Contract shall <br /> be the principal representative of the designating Party. All notices required or permitted to be <br /> given under this Contract shall be in writing, and shall be delivered (A)i by hand with receipt <br /> required, (B) by certified or registered mail to such Party's principal representative at the address <br /> set forth below or(C)as an email with read receipt requested to the principal representative at the <br /> email address, if any, set forth on the Cover Page for this Contract. If a Party delivers a notice to <br /> another through email and the email is undeliverable,then,unless the Party has been provided with <br /> an alternate email contact, the Party delivering the notice shall deliver the notice by hand with <br /> receipt required or by certified or registered mail to such Party's principal representative at the <br /> address set forth on the Cover Page for this Contract. Either Party ma change its principal <br /> representative or principal representative contact information, or may d signate specific other <br /> individuals to receive certain types of notices in addition to or in lieu of a p incipal representative <br /> Contract Number:CT2019-2034 Page 14 of 20 Version 0119 <br />
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