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<br />NOW THEREFORE, it is hereby agreed that: <br /> <br />1. In consideration of the State agreeing to construct the <br />Project at no expense to the Contractor~ and as <br />required by Section 1 (4) of Chapter 230. Session Laws <br />of Colorado 1986. the Contractor hereby agrees to <br />assign to the Colorado Water Conservation Board. in the <br />event -that the Colorado Ute Indian Water Rights Final <br />Settlement Agreement of December 10, 1986, is not fully <br />consummated for any reason, one-half. but not to exceed <br />Six Million Dollars ($6,000.000), ~f any damages which <br />the Contractor may obtain in litigation against the <br />United States concerning the Contractorls reserved <br />water rights claims or the obligations of the United <br />States to the Contractor with respect to those claims. <br /> <br />2. In consideration of the compensation to be paid to it. <br />the Contractor shall perform the engineering and <br />associated work set forth in the scope of Services <br />which is attached hereto as Exhibit A and by this <br />reference made a part hereof. This Scope of Services <br />can be amended with the mutual consent of the parties <br />by subsequent letter agreements. any which agreements <br />shall be deemed to have been incorporated herein as if <br />the same were fully set forth herein. <br /> <br />3. In consideration of the services to be rendered by the <br />Contractor. the State shall pay the Contractor at the <br />rate of Thirty-Three Dollars ($33) per hour for its <br />performance of the services required by Exhibit A. <br />together with all direct expenses incurred in the <br />performance of those services. with travel by <br />automobile to be reimbursed at the ,rate of twenty cents <br />($.20) per mile; provided. however. that the total <br />compensation payable by the State to the Contractor <br />during the term of this contract shall not exceed Forty <br />Thousand Dollars ($40,000). The Contractor shall not <br />be Obligated to p~rform services in excess of the said <br />,maximum 'compensation. <br /> <br />4. The Contractor shall submit monihly itemized st~tements <br />to the State detailing the services rendered. time <br />spent. and expenses incurred during the preceding <br />month. The State shall promptly process such <br />statements for payment to the Contractor. <br /> <br />5. This contract shall take effect upon its approval by <br />the State and it shall remain in full force and effect <br />through December 31, 1988, unless sooner terminated by <br />either party. which termination may be made with or <br />without cause upon 15 days written notice to the other <br />party at the address set forth in paragraph 9 below; <br />provided. however. that paragraph 1 of this contract <br />shall remain in full force and effect. and may not be <br />terminated by either party. until the Colorado Ute <br />Indian Water Rights Final Settlement Agreement of <br />December 10. 1986. is fully consummated in every <br />respect. <br /> <br />6. This contract is personal in nature and assignment of <br />performance by the Contractor to another is prohibited <br />unless prior approval in writing is granted by the <br />State. <br /> <br />7. The Contractor is an independent contractor and as such <br />is not entitled to any benefits of the State personnel <br />system. <br /> <br />Page ~ of ~ Pages <br />