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<br />D. The State Engineer's certification to the Board, as <br />required by Section 4(c) of Senate Bill 87 (1982 session), that <br />an operating agreement satisfactory to him for the State's use <br />of the reservoir for compact. purposes and the signed agreements <br />are hereby appended and made a part of this contract <br />(Appendices B, C, and 0). <br /> <br />E. Six Hundred Nineteen Thousand Five Hundred Dollars <br />($619,500) of the State's cost for the project shall be <br />nonreimbursable in recognition of the fact that the State shall! <br />receive the right from the owner of the reservoir to use a <br />portion of the reservoir's storage capacity for the purposes of <br />meeting Colorado's obligations under the Rio Grande Compact, <br />Section 37-66-101, Colorado Revised Statutes 1973, and of <br />maximizing the use of compact-allocated waters in Colorado, <br />according to Appendices B, C, and D. <br /> <br />F. This contract is not assignable by the Contractor except <br />with written approval of the State. <br /> <br />G. The Contractor shall not conveyor sell any port ion of the <br />project without prior written authorization from the State <br />until the Contractor has completed its payment obligation as <br />set forth in paragraph A.12. above. The parties to this <br />contract intend that the relationShip between them contemplated <br />by this contract is that of employer-independent contractor. <br />No agent, employee, or servant of the contractor shall be or <br />shall be deemed to be an employee, agent, or servant of the <br />State. The Contractor will be solely and entirely responsible <br />for its acts and the acts of its agents, employees, servants, <br />and Subcontractors during the performance of this contract. <br /> <br />H. At all times during the performance of this contract, the <br />Contractor shall strictly adhere to all applicable federal and <br />state laws that have been or may hereafter be established. <br /> <br />I. This agreement is intended as the complete integration of <br />all understandings between the parties. No prior or <br />contemporaneous addition, deletion, or other amendment hereto <br />shall have any force or effect whatsoever unless embodied <br />herein in writing. No subsequent novation, renewal, addition, <br />deletion, or other amendment hereto shall have any force or <br />effect unless embodied in a written contract executed and <br />approved pursuant to the state fiscal rules. <br /> <br />J. In its sole discretion, the State may at any time give any <br />consent, deferment, subordination, release, satisfaction, or <br />termination of any or all of the Contractor's Obligations under <br />this agreement, with or without valuable consideration, upon <br />such terms and conditions as the State may determine to be (a) <br />advisable to further the purposes of this contract or to <br />protect the State's financial interest therein, and (b) <br />consistent with both the statutory purposes of this contract <br />and the limitations of the statutory authority under which it <br />is made. <br /> <br />K. Upon complet ion of the payment of the full purchase pr ice <br />to the State in the sum of One Million Two Hundred Thousand <br />Five Hundred Sixty-Eight Dollars ($1,200,568) as set forth in <br />paragraph A.12. of this contract, the State agrees to convey to <br />the Contractor all of the State's right, title, and interest in <br />and to the project by deed or other proper conveyance. <br /> <br />L. Should the cost of constructing the project be less than <br />the appropriated money One Million One Hundred Thirty-Four <br />Thousand Five Hundred Dollars ($1,134,500), the nonreimbursable <br /> <br />Page 5 of 8 pages <br />