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<br />-/ <br /> <br />5. In consideration of the State assuming"a portion of the <br />cost of the preparation of the said project feasibility report. <br />the Contractor shall pay to the State the s~m of Eleven <br />Thousand Four Hundred Sixty Dollars and Eighty Cents <br />($11.460.80) provided that construction of the subject water <br />project is initiated within ten (lO) years of the date of this <br />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 Eleven <br />Thousand Fo~r Hundred Sixty Dollars and Eighty Cents <br />($11.460.80) shall be payable in ten (10) eq~al yearly <br />installments of One Thousand One Hundred Forty-Six Dollars and <br />Eight Cents ($1.146.08) each. the first installment to be d~e <br />and payable upon the January 1st next succeeding the initiation <br />of construction on the said water project. subsequent payments <br />shall be due and payable on January 1st of 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 I 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 />corpora'tioD. individual. or firm. other than a bona fide <br />employee working solely for him. any fee. commissionl <br />percentage. gift. or other consideration contingent upon or <br />reSUlting from the award or ~he making of this contract. <br /> <br />11. All noticesl correspondence. or other documents <br />required by this contract shall be delivered or mailed to the <br />fOllowing addresses: <br /> <br />a. For the State <br /> <br />b. For the Contractor <br /> <br />Mr. J. William MCDonaldl Director <br />Colorado Water Conservation Board <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />Attn: Nick Ioannides <br /> <br />San Miguel Water Conservancy <br />District <br />P.O. Box 130 <br />Norwood, CO 81423 <br />Attn: William E. Bray <br />President <br /> <br />Page ~ of ~ Pages <br />