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<br />" <br />. <br /> <br />2. Statement of Consideration. The Division of Parks and <br />Outdoor Recreation shall bill the Client for the above <br />described pilot program demonstrating the benefits of water <br />efficiency pursuant to the following project funding <br />schedule: Initial payment of sixteen hundred ($1600) <br />dollars with 10% of total amount withheld until final report <br />completion; with the total amount not to exceed eighteen <br />hundred ($1,800) dollars. The Contractor shall bill only <br />for material needed to actively deliver the services <br />described. <br /> <br />3. Payment and Other Performance. Payment may be made upon <br />billing by the Contractor at reasonable intervals and at the <br />expected contract termination date of December 30, 1992. <br /> <br />4. Definition of Breach and Remedies. If through any cause the <br />Contractor shall fail to fulfill in a timely and proper <br />manner his obligations under this contract, or if the <br />Contractor shall violate any of the covenants, agreements, <br />or stipulations of this contract, the State shall thereupon <br />have the right to terminate this contract for cause by <br />giving written notice to the Contractor of such termination <br />and specifying the effective date thereof, at least five (5) <br />days before the effective date of such termination. In that <br />event, all finished documents, data, studies, surveys, <br />drawings, maps, models, photographs, and reports or other <br />material prepared by the Contractor under this Contract <br />shall, at the option of the Client, become its property, and <br />the Contractor shall be entitled to receive just and <br />equitable compensation for any satisfactory work completed <br />on such documents and other materials. <br /> <br />Notwithstanding the above, the Contractor shall not be relieved <br />of liability to the State for any damages sustained by the State <br />by virtue of any breach of the Contract, and the Client may <br />withhold any payments to the Contractor for the purpose of set- <br />off until such time as the exact amount of damages due the State <br />from the Contractor is determined. <br /> <br />(~!ha~ 7/1 iCf:L <br /> <br />DIVISION OF PARKS DA~E <br />AND OUTDOOR RECREATION <br /> <br />STATE OF COLORADO <br />ROY ROMER, GOVERNOR <br /> <br />BY 0-rWo. Dnu ((j111~ <br />Executlve Dlrector, <br />Chief Executive Officer or <br />Authorized Designee <br />DEPARTMENT OF NATURAL RESOURCES <br />(COLO. WATER CONSERVATION BOARD <br />SARA DUNCAN, ACTING DIRECTOR) <br /> <br />