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<br />ARTICLE 3. CONSULTANT CERTIFICATION
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<br />In accordance with Section 24-30-1404(1), CRS., the Consultant has executed a certificate, which
<br />is attached hereto and made a part hereof as Exhibit B, stating that wage rates (Exhibit C), and
<br />other factual unit costs supporting the compensation paid by the CWCS for these professional
<br />services are accurate, complete, and current. The original Agreement price and any additions
<br />thereto shall be adjusted to exclude any significant sums by which the CWCS determines the
<br />Agreement price has been increased due to inaccurate, incomplete, or non-current wage rates and
<br />other factual unit costs. All such adjustments shall be made within one year following the end of this
<br />Agreement.
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<br />ARTICLE 4. AGREEMENT EXPIRATION
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<br />Unless sooner terminated, this Agreement shall remain in effect until the work and services are
<br />completed and accepted by the CWCS. The Consultant agrees to complete the Work on or before
<br />November 15, 2003.
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<br />ARTICLE 5. CONTINGENT FEE PROHIBITION
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<br />In accordance with Section 24-30-1404(4), C.R.S., the Consultant warrants that he has not
<br />employed or retained any company or person other than a bona fide employee working solely for
<br />him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any person,
<br />company, corporation, individual or firm, other than a bona fide employee working solely for him,
<br />any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from the
<br />award or the making of this Agreement. For breach or violation of this warranty, the CWCS shall
<br />have the right to terminate this Agreement without liability and, at its discretion, to deduct from the
<br />Agreement price, or otherwise recover the full amount of such fee, commission, percentage, or
<br />consideration.
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<br />ARTICLE 6. TERMINATION OF AGREEMENT
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<br />Any breach of the terms and conditions of the Agreement by the Consultant shall, unless waived by
<br />the CWCS in writing, constitute a default by the Consultant hereunder and the CWCS shall
<br />thereafter have no obligation to the Consultant, and may select any of the remedies available to the
<br />CWCS under law. In the event of default by the Consultant, the Agreement may be terminated
<br />upon seven (7) days written notice to the Consultant by the CWCS with copies filed with the State
<br />Controller.
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<br />ARTICLE 7. TERMINATION FOR CONVENIENCE
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<br />The CWCS may, when the interests of the CWCS so require, terminate this Agreement, in whole
<br />or in part, for the convenience of the CWCS. The CWCS shall give written notice of termination to
<br />the Consultant. The written notice shall specify the part(s) of the Agreement terminated. The
<br />written notice shall be given to the Consultant no less than twenty (20) calendar days before the
<br />effective date of termination. If this Agreement is terminated for convenience, then all finished or
<br />unfinished data, documents, drawings, evaluations, hardware, maps, models, negatives,
<br />photographs, reports, software, studies, surveys, or any other material, medium or information,
<br />however constituted, which has been or is to be produced or prepared by the Consultant under
<br />this Agreement shall, at the option of the CWCS, become the property of the CWCS. The
<br />Consultant shall be entitled to receive just and equitable compensation for any services or
<br />supplies delivered to, and accepted by, the CWCS. This paragraph in no way implies that a party
<br />has breached this Agreement by the exercise of this paragraph.
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<br />ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
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<br />Records of the Consultant's Direct Personnel, Consultant, and Reimbursable Expense pertaining to
<br />this Agreement and records of accounts between the CWCS and Consultant shall be kept on a
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