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11. Severabilitv - To the extent that this contract may be executed and perfol'mance of the obligations of the parties may be accomplished within the intent of the contract, the terms of the contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term. 12. AssiQnment - Neither party, nor any subcontractor hereto, may assign its rights or dubes under this contract without the prior written consent of the other party. 13. Limitation to Particular Funds - This contract is subject to and contingent upon the continuing availability of federal funds for the purposes hereof, The parties hereto expressly recognize that the Contractor is to be paid, reimbursed or otherwise compensated with the funds provided to the State for the purpose of contracting for the services provided for herein ancltherefore, the Contractor expressly understands and agrees that all its rights, demands, and claims to compensation arising under this contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate the contract. To the extent that the Contractor must expend funds other than those provided by the State under this Agreement or must provide in-kind services in performing the work agreed upon hereunder, the Slate agrees that said expenditures and in- kind services are subject to the availability and annual appropriation of funds by the Contractor for said purpose. 14, Contract Suspension - If the Contractor fails to comply with any contractual provision, the Slate may, after notice to the Contl'actor suspend the contract and withhold further payment Of prohibit the Contractor from incurring additional obligation of contractual funds, pending corrective acbon by the Contractor or a dee, sian by the State to terminate in accordance with Paragraph 8, Termination for Cause. Thl! State may determine to allow such necessary and proper costs which the Contractor could 110t reasonably avoid during the period of suspension. 15, Recapture Provisions - In the event that the Contractor fails to expend funds under this contract in accordance with state laws and/or the provisions of this contract, the Department reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance. Such rights of recapture shall exist for a period not to exceed three years following contract termination. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand, if the Contractor's failure is undisputed, or within 30 days of finai judicial or altemative dispute resolution determination, as appropriate. 16. Evaluation and Monitorinq - The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the Department that are pertine,ntto the intent of this contract. 17. Nondiscrimination - (a)The Contractor shall comply with all applicable state and federal laws, rules, regulations and Executive Orders of the Govemor of Colorado, involving non- discrimination on the basis of race. color, religion. national oligin, age, handicap. or sex. Contractor may utilize the e>:pertise of the Slate Minority Business Office within the Office of the Govemor, for assistance in complying with the nondiscrimination and affirmative action requirements of this contract and applicable statutl!s. (b) The Americans with Disabilities Act of 1990. Public Law 101-336. also referred to as the "p..oA 28 CFR Part 35. The Contractor must comply with ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations. state and local government services, and telecommunications. Page ~of .2_ Pages