|
<br />.
<br />
<br />.
<br />
<br />ARTICLE 4. CONTRACT EXPIRATION
<br />
<br />Unle5s sooner terminated, this Contract shall remain in effect until the work and services are completed
<br />and accepted by the Principal RBpresentative,
<br />
<br />ARTICLE 5. CONTINGENT FEE PROHIBITION
<br />
<br />In accordance with Title ~24-30-1404 (4), C,RS" the Con5ultant warrants that he has not employed or
<br />retained any company or person other than a bona fide employee working solely for him, to solicit or
<br />secure this Contract, and that he has not paid or agreed to pay any person, company, corporation,
<br />individual or firm. other than a bona fide employee working solely for him, any fee, commission,
<br />percentage, gift, or other consideration contingent upon, or resulting from the award or the making of this
<br />Contract, For breach or violation of this warranty, the State shall have the right to terminate this Contract
<br />without liability and. at its discretion, to deduct from the contract price, or otherwise recover the full
<br />amount of such fee, commis5ion, percentage. or consideration,
<br />
<br />ARTICLE 6. TERMINATION OF AGREEMENT
<br />
<br />Any breach of the terms and conditions of the contract by Consultant' shall, unless waived by the
<br />Principal Representative in writing, constitute a defaull by the Consultant hereunder and the Principal
<br />Representative shall thereafter have no obligation to the Consultant, and may select any of the remedie5
<br />available to the Principal Representative under law, In the event of default by the Consullant, the
<br />contract may be terminated upon seven (J) daY5 written notice to the Consullant by the Principal
<br />Representative with copies filed with the State Controller.
<br />
<br />ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS
<br />
<br />Records of the Consultant'5 Direct Personnel, Consultant, and Reimbursable Expense pertaining to thi5
<br />Contract and records of accounts between the Principal Representative and Consultant shall be kept on
<br />a generally recognized accounting basis and shall be available to the Principal Representative at
<br />mutually convenient times and extending to three (3) years after final payment under this Contract.
<br />
<br />ARTICLE 8. ASSIGNMENT OF AGREEMENT NOT PERMITTED
<br />
<br />The Consultant may not assign its performance of this Contract or any part thereof without the prior
<br />written consent of the Principal Representative, but the contract shall be binding upon and inure to the
<br />benefit of the successors and assigns of the contract,
<br />
<br />ARTICLE 9. INDEPENDENT CONTRACTOR
<br />
<br />The parties of this Contract intend that the relationship between them contemplated by this Contract is
<br />that of employer-independent contractor, No agent, employee, or servant of Consultant shall be or shall
<br />be deemed to be an employee, agent. or servant of the State, Consullant shall be solely and entirely
<br />responsible for its acts and the acts of its agents, employees. servants, and subconsultants during the
<br />performance of this Contract,
<br />
<br />ARTICLE 10. INTEGRATION OF UNDERSTANDING
<br />
<br />This Contract is intended as the complete integration of all understandings between the parties, No
<br />period or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect
<br />whatsoever. unless embodied herein in writing, No subsequent novation. renewal, addition, deletion, or
<br />other amendment hereto shall have any force or effect unless embodied in a written contract executed
<br />and approved by the Principal Representative, State Buildings Programs, and the State Controller.
<br />
|