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<br />\.;. <br /> <br />, <br />~I <br /> <br />. <br /> <br />a. Sixty percent (60\), to wit, Seven Thousand Nine Hundred <br />Thirty-~ive Doltars ($7,935) of the total amount due in two (2) <br />monthly installments of Three Thousand Nine Hundred Sixty-Seven <br />Dollars and Fifty Cents ($3.967,50) each, commencing thirty <br />(30) days after the date of this contract. <br /> <br />b. The remaining forty percent (40\), to wit. Five <br />Thousand Two Hundred Ninety Dollars ($5,290) within forty <br />(40) days following receipt and acceptance of the written <br />report specified in paragraph 2. of this contract. <br /> <br />4. The total cost of services to be rendered for the <br />Contractor by the Consultant is Twenty-Six Thousand Four <br />Hundred Fifty Dollars ($26,450) and the Contractor shall pay <br />the sum of Thirteen Thousand Two Hundred Twenty-Five Dollars <br />($13.225) as agreed to by letter dated July 18. 1990, which is <br />heraby attached and made a part of this contract as Appendix <br />B; and in no event shall this payment be the liability of the <br />State of Colorado. <br /> <br />5. In consideration of the State assuming a poction of the <br />cost of the preparation of the said project feasibility study <br />amendment. the Contractor shall pay to the State the sum of <br />Seventeen Thousand One Hundred Twenty-Six Dollars and Forty <br />Cents ($17.126,40) provided that construction of the SUbject <br />water project is initlated within ten (10) years of the date of. <br />this contract, The Contractor shall fulfill this Obligation <br />irrespective of how or by whom or to what specifications or <br />plans the SUbject project is financed. paid. or constructed for <br />so long as construction of the project is initiated within the <br />specified time. <br /> <br />6. In the event the Contractor must make payment pursuant <br />to the terms of paragraph 5. above. then the said sum of <br />1 Seventeen Thousand One Hundred Twenty-Six Dollars and Forty <br />t Cents ($17,126.40) shall be payable in ten (10) equal yearly <br />,\~. installments of One Thousand Seven Hundred Twelve Dollars and <br />~ ) Slxty.Four Cents ($l,7L2,64) each, the first installment to be <br />~)- \ due and payable upon the January 1st next succeeding the <br />~" initiation of construction on the said water project. <br />N\~ ~ Subsequent payments shall be due and payable on January 1st of <br />~,,~ each year thereafter. <br /> <br />7. This contract is personal in nature and assignment of <br />performance by the Contractor to another is prohibited unless <br />prior approval in writing is granted by the State. <br /> <br />8. The Contractor is an independent contractor and as such <br />is not entitled to any benefits of the State personnel system. <br /> <br />9. The original contract price stated in paragraph 4. and <br />any additions thereto shall be adjusted to exclude any <br />significant sums by which the State determines the contract <br />price increased due to inaccurate. incomplete. or noncurrent <br />wage rates and other factual unit costs. All such contract <br />adjustments shall be made within one (1) year following the end <br />of the contract. <br /> <br />10. The Contractor warrants that he has not employed or <br />retained any company or person. other than a bona fide employee <br />working solely for him, to solicit or secure this contract and <br />that he has not paid or agreed to pay any person. company. <br />corporation. individual. or firm. other than a bona fide <br />employee working solely for him. any tee. commission. <br />percentage. gift. or other consideration contingent upon or <br />reSUlting from the award or the making of this contract. <br /> <br />Page ~ of i Pages <br />