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<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 up to ~leven <br />Thousand Six Hundred n(ty-~'ive Dollars ($11.655) provided that <br />construction of the subject water project is initiated within <br />ten (10) years of the date of this contract, <br />The Contractor shall fulfill this Obligation irrespective of <br />how or by whom or to what specifications or plans the subject <br />project is financed. paid. or constructed for 60 long as <br />construction of the project is initiated within the specified <br />time. <br /> <br />6. In the event the Contractor must make payment pursuant <br />to the terms of paragraph 5. above. then the Baid sum of up to <br />~leven Thousand six Hundred Fifty-Five Dollars ($11.655) shall <br />be payable in ten (10) equal yearly installments of up to One <br />Thousand One Hundred Sixty-Five Dollars and .'Hty Cents <br />($1.165.50) each. the first installment to be due and payable <br />upon the January 1st next succeeding the initiation of <br />construction on the said water project. Subsequent payments <br />shall be due and payable on January 1st of each year thereafter. <br /> <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 costs, All such contract <br />adjustments shall be made within one (1) year fallowing 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 />workinq solely (or 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. David Walker. Acting Director <br />Colorado Water Conservation Doard <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver. CO 80203 <br />Attn: Frank Akers <br /> <br />The Windsor Reservoir and <br />Canal Company <br />P.O, Box 206 <br />Eaton. CO 80615 <br />Attn: E,R. Gustafson <br />President <br /> <br />-- <br /> <br />~- <br /> <br />Page l of i pages <br />