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<br />. <br /> <br />~' <br /> <br />. <br /> <br />attached and made a part of this contract as Appendix B; and in <br />no event shall this payment be the liability of the State of <br />Colorado. <br /> <br />5. In consideration of the State assuming a poction of the <br />cost of the preparation of the sald project feasibility report. <br />the Contractor shall pay to the State the sum of Seventeen <br />Thousand Two Hundred Fifty-Five Dollars and Ninety Cents <br />($17.255,90) provided that construction of the subject water <br />project is initiated within ten (10) years of the date of this <br />contract, The Contractor shall fulfill this obligation <br />irrespective of how or by whom or to what specifications or <br />plans the subject project is financed, paid. or constructed for <br />so long as construction of the project is initiated within the <br />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 />Seventeen Thousand Two Hundred Fifty-Five Dollars and Ninety <br />Cents ($17.255,90) shall be payable in ten (10) equal yearly <br />installments of One Thousand Seven Hundred Twenty-Five Dollars <br />and Fifty-Nine Cents ($1.725,59) each. the first installment to <br />be due and payable upon the January 1st next succeeding the <br />initiation of construction on the said water project. <br />Subsequent payments shall be due and payable on January 1st of <br />each year thereafter, <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 {actual unit costs. All such contract <br />adjustments shall be made within one (1) year following the end <br />of the contract. <br /> <br />10. The Contractoc 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. giet. 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. D(rector <br />Colorado Water Conservation Board <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver. CO 80203 <br />Attn: Frank Akers <br /> <br />Minnesota Canal and Reservoir. Co <br />Route No.1. Box 124 A <br />Paonia. CO 81428 <br />Attn: Grant Farnsworth <br />President <br /> <br />Page I of ~ Pages <br />