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c' \;.",;I u 6. In consideration of the State assuming a portion of the cost of the preparation of the said project reconnaissance study, the Contractor shall pay to the State the sum of One Hundred Three Thousand Six Hundred Dollars ($103,600) provided that construction of the subject water project is initiated within ten (10) years of the date of this contract. The Contractor shall _:_..:~.:.:: ~~:';'5 o~li-:;at.ioli irrespective of how or by whom or to what . p" - '~~e subject project is financed, paid, or ".._ ..._______ _~_ ~~ _w..~ ~_ ~o;~~~~~~~ic~ of the project is initiated within the specified time. Provided, however, that the Eighty Thousand Dollars ($80,000) to be paid the Contractor by the State shall, pursuant to section 37-60-122(1)(c), Colorado Revised Statutues, be considered a part of the total cost of any project which is subsequently authorized by the Colorado General Assembly and constructed by the Contractor with monies provided from the Colorado Water Conservation Board construction fund rather than bein~ subject to the foregoing provision for payment to the State. 7. In the event the Co~tractor must make payment pursuant to the terms of paragraph 6 above, then the said sum of One Hundred Three Thousand Six Hundred Dollars ($103,600) shall be payable in ten (10) equal yearly installments of Ten Thousand Three Hundred Sixty Dollars ($10,360) 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 thereafer. 8. 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. 9. The Contractor is an independent Contractor and as such is not entitled to any benefits of the State personnel system. 10. The Contractor has no obligation to support legislation which may be advocated by the State of Colorado concerning the utilization of Colorado River Storage Project (CRSP) power and/or water surcharge or other revenues which may become available for the construction of water resource projects in Colorado, nor is there an obligation to support the disposition and/or investment of those funds, which may become available as a result of such legislation. Pel of 4 Pages .