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<br />. , <br /> <br />. <br /> <br />. <br /> <br />accordance with the Scepe of Study attached to the Joint Funding ~.greer.lent and to the Grant <br />Contract, which Scope of Study is incorporated herein by reference. <br /> <br />3. Disbursement of funds by the CWCS. Tne CWCS shall disburse funds to the USGS/MUSEUM <br />periodically as the USGS/MUSEUM submits statements to the CWCS that set fort>' the STUDY tasks <br />acccmplished and costs incurred for the time period covered by the stalement. Tne CWC3 shall make <br />sue,>' disbursements wiihin 60 days of receipt of a statement from Ihe USGS/MuSEUM. r;owever, the <br />CWCS shall not disburse any CWCS funcs until il has received documentation of the MUSEUM'S receipi <br />cf funds for the STUDY from the National Science Foundation. Tne eWeB shall make the statements <br />submitted by the USGSnJ1USEUM a'lai/able to ~he DWR for review upon request by the DWR. <br /> <br />4. Term of MOU. This MOU shall be in effect through June 30, 2001. At the end of this period, the <br />CWCS shall return any unexpended portion of Ihe State Agencies' funds in pro rata amounts to the <br />Construction Fund and the DWR. <br /> <br />5. Access to STUDY Results. Tne CWCS shall provide the DWR with full access to study cevelopment, <br />cata, drafts and conclusions: If necessary, the CWCS shall obtain copies of such study materials from <br />the USGS and/er the MUSEUM on behalf of the DWR. <br /> <br />6. Liability. Each party agrees to be responsible and assume liability for its own wrongful or negligent <br />acts or omissions, or those of its officer, agents, or employees to the full extent required by law. <br /> <br />7. Termination. This MOU may be terminated by any of the parties hereto upon written notice <br />delivered to the other parlies at least thirty (30) days prior to intended dates of termination. By such <br />termination, no party may nullify obligations already Incurred for performance or failure to perform <br />prior to the date of termination. <br /> <br />8. Changes/Amendments/Assignment This MOU constitutes the entire agreement between the <br />parties. All amendmenls and/or changes shall be by writlen instrument executed by the parlies <br />hereto. The parlies hereto have caused this MOU to be executed as of the date set forth herein by <br />their duly authorized representatives. <br /> <br />9. Breach of Contract If a dispute arises between the parties under this conlract over payment for <br />goods or services, the dispute shall be brought before the Slate Controller who shall determine what <br />payment will be made between the parties involVed in the dispute.. . <br /> <br />10. Controller's Approval. This contract shall not be deemed vatid unlil it shall have been approved by <br />the Controller of the State of Colorado or sucn assistant as he may designate. This provision is <br />applicable 10 any contract involving the payment of money by the State. <br /> <br />IN WITNESS WHEREOF the parties hereto have executed this MOU. <br /> <br />Stale of Colorado <br />Sill Owens, Governor <br /> <br />Colorado Water Conser/alion Board <br /> <br />Colorado Division of Water Resources <br /> <br />By ~ ,J, ~ z};/"I1 <br /> <br />Peter H. Evans, Acting Director (Daie) <br /> <br />By liD../( - 2)g!c;q <br />Hal s. Simpso'1\, State Engineer (Date) <br /> <br />APPROVALS: ~ <br />Statec~' <br /> <br />By c-- <br /> <br />~ <br /> <br />4flr <br />