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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 sum of Twenty-Three <br />Thousand Three Hundred Ten Dollars ($23.310) provided that <br />construction of the subject water project is initiated within <br />ten (10) years of the date of this contract. The Contractor <br />shall fulfill this obligation irrespective of how or by whom or <br />to what specifications or plans the SUbject project is <br />financed. paid. or constructed for 60 long as construction of <br />the project is initiated within the 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 />Twenty-Three Thousand Three Hundred Ten Dollars ($23.310) shall <br />be payable in ten (10) equal yearly installments of Two <br />Thousand Three Hundred Thirty-One Dollars ($2.331) each, the <br />first installment to be due and payable upon the January 1st <br />next succeeding the initiation of construction on the said <br />water project. Subsequent payments shall be due and payable on <br />January 1st of each year thereafter. <br /> <br />" <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 ~psts. 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 fee. commission. <br />percentage. gift. or other consideration contingent upon or <br />reSUlting from the award or the making of this contract. <br /> <br />11. All notices. 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 McDonald. 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 />Town of Oak Creek <br />P.O. Box 128 <br />Oak Creek. CO S0467 <br /> <br />Attn: Ivan Shrum. Mayor <br /> <br />Page ~ of ~ Pages <br />