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<br />. <br /> <br />. <br /> <br />Records of the Consultant's Direct Personnel, Consultant, and Reimbursable Expense pertaining to this <br />Contract and records of accounts between the Principal Representative and Consultant shall be kept on a <br />generally recognized accounting basis and shall be available to the Principal Representative at mutually <br />convenient times and extending to three (3) years after final payment under this Contract. <br /> <br />ARTICLE 8. <br /> <br />ASSIGNMENT OF AGREEMENT NOT PERMITTED <br /> <br />The Consultant may not assign its performance of this Contract or any part thereof without the prior written <br />consent of the Principal Representative, but the contract shall be binding upon and inure to the benefit of the <br />successors and assigns of the contract. <br /> <br />ARTICLE 9. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />The parties of this Contract intend that the relationship between them contemplated by this Contract is that of <br />employer-independent contractor. No agent, employee, or servant of Consultant shall be or shall be deemed <br />to be an employee, agent, or servant of the State. Consultant shall be solely and entirely responsible for its <br />acts and the acts of its agents, employees, servants, and subconsultants during the performance of this <br />Contract. <br /> <br />ARTICLE 10, INTEGRATION OF UNDERSTANDING <br /> <br />This Contract is intended as the complete integration of all understandings between the parties. No period or <br />contemporaneous 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 other amendment <br />hereto shall have any force or effect unless embodied in a written contract executed and approved by the <br />Principal Representative, State Buildings Programs, and the State Controller. <br /> <br />ARTICLE 11, BENEFITS ACCRUING TO OTHER STATE EMPLOYEES OR OFFICERS <br /> <br />It is understood and agreed that no benefits, payments or considerations received by Consultant for the <br />performance of services associated and pertinent to this Contract shall accrue, directly or indirectly, to any <br />employee, or employees, elected or appointed officers or representatives, or by any other person or persons <br />identified as agents of, or who are by definition, public servants of the State of Colorado. <br /> <br />ARTICLE 12, INCORPORATION OF OTHER DOCUMENTS <br /> <br />The Principal Representative and Consultant understand and agree the attachments and exhibits hereto are <br />and shall be integral parts of this Contract and the terms and provisions thereof are hereby incorporated, <br />made a part of and shall supplement those recited herein. In the event of any confiict, or variance, the terms <br />and provisions of this printed Contract shall supersede, govern and control. <br /> <br />ARTICLE 13. WORK PRIOR TO EXECUTION OF CONTRACT <br /> <br />Work or services performed, or expenses incurred prior to the execution of this Contract (State Controller <br />Approval) without the prior written consent of the Principal Representative shall not be reirnbursabie and are <br />not eligible expenditures under the terms and conditions of this Contract. This is in accordance with the <br />provisions of 024-30-202(3), C.R.S., as amended. <br /> <br />ARTICLE 14, INSURANCE <br /> <br />It is covenanted and agreed by the Consultant that during the course of the services to be undertaken, the <br />Consultant shall maintain in full force and effect Workmen's Compensation and Employer's Liability Insurance <br />as required by applicable law and in addition, Comprehensive General Liability, and Property Damage <br />Insurance from and against all claims, damages, losses or expenses, including attorney's fees, arising out of <br /> <br />C:\Cdss\statemodWariable eft evaluation contract_ 4.doc <br /> <br />Page 5 <br />