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<br />15. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may <br />be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof <br />be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or <br />provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. <br /> <br />16. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit of and be <br />binding UJX'D the parties, or any subcontractors hereto, and their respective successors and assigns. <br /> <br />17. Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties under this Contract without <br />the prior written consent of the other party. <br /> <br />18. Limitation to Particular Funds. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, <br />or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and <br />therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this <br />Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are oot received by <br />the State, the State may immediately terminate this Contract. <br /> <br />19. Minoritv Business Enterprise Participation. It is the policy of the State of Colorado that minority business enterprises <br />shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The Contractor <br />agrees to use its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient performance of <br />this Contract. As used in this Contract, the term "minority business enterprise" means a business, at least 50 percent (50%) of which <br />is owned by minority group members or, in the case of publicly owned businesses, at least 51 percent (51%) of the stock of which <br />is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, <br />Spanish~speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely <br />on written representations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not conduct <br />an independent investigation. <br /> <br />21. Workmen's Compensation Coverage. The Contractor is responsible for providing Workmen's Compensatioo <br />Coverage for all of its employees to the extent required by law, and for providing such coverage or requiring its subcontractors to <br />provide such coverage for the subcontractor's employees. In no case is the State responsibJe for providing Workmen's Compensation <br />Coverage for any employees or subcontractors of Contractor pursuant to this Agreement, and Contractor agrees to indemnify the State <br />for any costs for which the State may be found liable in this regard. <br /> <br />22. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties understand and agree <br />that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance or <br />compliance beyond the termination date of the contract shan survive such tenninatioD date and shall be enforceabJe by the State as <br />provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. <br /> <br />Page 4 of 6 Pages <br /> <br />_492 <br />