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<br />'\ <br /> <br />. <br /> <br />. <br /> <br />not yet been paid for as of the effective termination date. <br /> <br />Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the STATE for <br />any damages sustained by the STATE by virtue of any breach' of this contract by the <br />CONTRACTOR, and the STATE may withhold any payments to the CONTRACTOR for the <br />purpose of setoff until such time as the exact amount of damages due the STATE from the <br />CONTRACTOR is determined. <br /> <br />6. Contract relationship. The parties to this contract intend that the relationship between <br />them contemplated by this contract is that of cost-sharing co-participants, not <br />employer-employee nor principal-agent. No employee, agent, or servant of the <br />CONTRACTOR shall be, or shall be deemed to be, an employee, agent, or servant of the <br />STATE. <br /> <br />7. Severability. To the extent that this contract may be executed and performance of the <br />obligations of the parties may be accomplished within the intent of the contract, the terms of <br />this contract are severable, and should any term or provision hereof be declared invalid or <br />become inoperative for any reason, such invalidity or failure shall not affect the validity of <br />any other term or provision hereof. The waiver of any breach of a term hereof shall not be <br />construed as waiver of any other term. <br /> <br />8. Assignment. Neither party may assign its rights or duties under this contract without the <br />prior written consent of the other party. <br /> <br />9. Integration of all understandings. This agreement is intended as the complete <br />integration of all understandings between the parties. No prior or contemporaneous <br />addition, deletion, or other amendment hereto shall have any force or effect whatsoever <br />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 <br />contract executed and approved pursuant to STATE fiscal rules. <br /> <br />10. Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br /> <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall be delivered or mailed to the following addresses: <br /> <br />For the STATE: For the CONTRACTOR: <br /> <br />Colorado Water Conservation Soard Soard of County Commissioners of Saca County <br />Attn: Construction Fund Section 741 Main Street <br />1313 Sherman Street, Room 721 Springfield. CO 81073 <br />Denver, CO 80203 <br /> <br />D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants. <br /> <br />Controller's Approval <br /> <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller <br />of the State of Colorado or such assistant as he may designate. This provision is <br />applicable to any contract involving the payment of money by the STATE. <br /> <br />Page 30f7 <br />