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<br />11. Severability - To the extent that this contract may be executed and performance of the <br />obligations of the parties may be accomplished within the intent of the contract, the terms of the <br />contract are severable, and should any term or provision hereof be declared invalid or become <br />inoperative for any reason, such invalidity or failure shall not affect the validity of any other term <br />or provision hereof. The waiver of any breach of a term hereof shall not be construed as a <br />waiver of any other term. <br /> <br />12. Assiemment - Neither party, nor any subcontractor hereto, may assign its rights or duties under <br />this contract without the prior written consent of the other party. <br /> <br />13. Limitation to Particular Funds - This contract is subject to and contingent upon the continuing <br />availability of federal funds lor the purposes hereof, The parties hereto expressly recognize that <br />the Contractor is to be paid, reimbursed or otherw~5e compensated with the funds provided to <br />the State for the purpose of contracting for the services provided for herein and therefore, the <br />Contractor expressly understands and agrees tllat all its rights, demands, and claims to <br />compensation arising under this contract are contingent upon reoeipt of such funds by the State. <br />In the event that such funcls or any part thereof are not received by the State, the State may <br />immediately terminate the contract. To the extent that the Contmctor must expl~nd funds other <br />than those provided by thE' State under this Agreement or must provide in-kind selVices in <br />performing the work agreed upon hereunder, the State agrees that said expenditures and in- <br />kind services are subject to the availability and annual appropriation of funds by the Contractor <br />for said purpose. <br /> <br />14. Contract Suspension - If the Contractor fails to comply with any contractual provision, the State <br />may, after notice to the Contractor suspend the contract and withhold further payment or prohibit <br />the Contractor from incurrin!) additional obligation of contractual funds, pending corrective action <br />by the Contractor or a decision by the State to terminate in accordance with Paragraph 8, <br />Termination for Cause. The State may determine to allow such necessary and proper costs <br />which the Contractor could not reasonably avoid during the period of suspension, <br /> <br />15. Recapture Provisions - In the event that the Contractor fails to expend funds under this <br />contract in accordance with state laws andlor the provisions of this contract, the Department <br />reserves the right to recapture state funds in an amount equivalent to the extent of the <br />noncompliance. Such rights of recapture shall exist for a period not to exceed three years <br />following contract termination. <br /> <br />Repayment by the ContractoJr of funds under this recapture provision shall occur within 30 days <br />of demand, if the Contractor's failure is undisputed, or within 30 days of I~nal judicial or <br />alternative dispute resolution determination, as appropriate. <br /> <br />16. Evaluation and Monitoring - The Contractor shall cooperate with and freely participate in any <br />monitoring or evaluation activities conducted by the Department that are pertinent to the intent <br />of this contract. <br /> <br />17. Nondiscrimination - (a)Thl~ Contractor shall comply with all applicable state and federal laws, <br />rules, regulations and Executive Orders of the Governor of Colorado, involving non- <br />discrimination on the basis; of race, color, religion, national oligin, age, handicap, or sex. <br />Contractor may utilize the e:<pertise of the State Minority Business Office within the Office of the <br />Governor, for assistance in complying with the nondiscrimination and affirmative action <br />requirements of this contract and applicable statutE'S. (b) The Americans with Disabilities Act of <br />1990. Public law 101-336. also referred to as the "ADA 28 CFR Part 35. The Contractor must <br />comply with ADA. which provides comprehensive civil rights protection to individuals with <br />disabilities in the areas of employment, public accommodations, state and local government <br />services, and telecommunications. <br /> <br />Page -1.. of .JL.. Pages <br />