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b. The rema1n1ng forty percent (40%), to wit, Six Thousand Four Hundred Dollars ($6,400) within forty (40) days following receipt and acceptance of the written report specified in paragraph 2 of this contract. 4. The total cost of services to be rendered by the Contractor is Thirty-Two Thousand Dollars ($32,000) and the Contractor shall pay the sum of Sixteen Thousand Dollars ($16,000) as agreed to by letter dated September 22, 1981, which is hereby attached and made a part of this contract as Appendix B; and in no event shall this payment be the liability of the State of Colorado. 5. In consideration of the State assuming a portion of the cost of the preparation of the said project feasibility report, the Contractor shall pay to the State the sum of Twenty Thousand Seven Hundred Twenty Dollars ($20,720) provided that construction of the subject water project is initiated within ten (10) years of the date of this contract. The Contractor shall fulfill this obligation irrespective of how, or by whom, the subject water project is -financed or paid for so long as construction is initiated within the specified time. 6. In the event the Contractor must make payment pursuant to the terms of paragraph 5 above, then the said sum of Twenty Thousand Seven Hundred Twenty Dollars ($20.720) shall be payable in ten (10) equal yearly installments of Two Thousand Seventy-Two Dollars ($2,072) each, the first installment to be due and payable upon the January 1st next succeeding the initiation of construction on the said water project. Subsequent payments shall be due and payable on January 1st of each year thereafter. 7. This contract is personal in nature and assignment of performance by the Contractor to another is prohibited unless prior approval in writing is granted by the State. 8. The Contractor is an independent Contractor and as such is not entitled to any benefits of the State personnel system. P~ge 2 of 4 Pages ,-;