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8. CONFIDENTIAL INFORMATION-STATE RECORDS <br /> Each Party shall treat the confidential information of the other Party with the same degree of care and protection <br /> it affords to its own confidential information,unless a different standard is set forth in this Agreement. Each <br /> Party shall notify the other Party immediately if it receives a request or demand from a third party for records or <br /> information of the other Party. <br /> 9. FAILURE TO PERFORM-DISPUTES <br /> The failure of a Party to perform its respective obligations in accordance with the provisions of this Agreement <br /> is a breach of this Agreement. In the event of disputes concerning performance hereunder or otherwise related to <br /> this Agreement,the Parties shall attempt to resolve them at the divisional level. If this fails, disputes shall be <br /> referred to senior departmental management staff designated by each Party. If this fails, the executive director of <br /> each Party shall meet and attempt resolution. If this fails,the matter shall be submitted in writing by both Parties <br /> to the State Controller, whose decision shall be final. <br /> 10. NOTICE AND REPRESENTATIVES <br /> Each individual identified below is the principal representative of the designating Party. All notices required to <br /> be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such <br /> Party's principal representative at the address set forth below. In addition to,but not in lieu of a hard-copy <br /> notice,notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from <br /> time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. <br /> Unless otherwise provided herein, all notices shall be effective upon receipt. <br /> CDPHE CWCB <br /> Jim Lewis Kirk Russell <br /> Col Dept of Public Health&Envir. Colorado Water Conservation Board <br /> 4300 Cherry Creek Drive South 1313 Sherman ST#723 <br /> Denver,CO 80246-1530 Denver, CO 80203 <br /> jim.Iewis@state.co.us kirk.russell@state.co.us <br /> 11. GENERAL PROVISIONS <br /> A. Assignment <br /> The rights and obligations of each Party hereunder are personal to such Party and may not be transferred, <br /> assigned or subcontracted without the prior,written consent of the other Party. <br /> B. Order of Precedence <br /> In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such <br /> conflicts or inconsistencies shall be resolved by reference to the documents in the following order of <br /> priority: <br /> 1) This Interagency Agreement, <br /> 2) Exhibit A,Additional Provisions <br /> 3) Exhibit B, Scope of Work. <br /> C. References <br /> All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, <br /> exhibits or other attachments, are references to sections, subsections, exhibits or other attachments <br /> contained herein or incorporated as a part hereof,unless otherwise noted. <br /> D.Third Party Beneficiaries-Negation <br /> Enforcement of all rights and obligations hereunder are reserved solely to the Parties. Any services or <br /> benefits which third parties receive as a result of this Agreement are incidental and do not create any rights <br /> for such third parties. <br /> Page 3 <br />