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<br />.- <br /> <br />.. <br /> <br />GRANT CONTRACT <br />Santa Haria Reservoir Company <br />Feasibility Study <br /> <br />7. (OTHER PROVISIONS): <br /> <br />7a. (The Colorado Water Conservation Board is designated agent of the State): The <br />Colorado Water Conservation Board, its agents and employees, is hereby designated as the agent <br />of the State for the purpose of this contract. <br /> <br />7b. (Contract is not assignable): This contract is personal in nature and assignment of <br />performance by the Grantee to another is prohibited unless prior approval in writing is granted <br />by the State. <br /> <br />7c. (Contract relationship is that of Grantor-Grantee): The parties to this contract <br />intend that the relationship between them contemplated by this contract is that of <br />grantor-grantee, not employer-employee nor principal-agent. No agent, employee, or servant <br />of the Grantee shall be, or shall be deemed to be, an employee, agent, or servant of the State. <br />The Grantee will be solely and entirely responsible for its acts and the acts of its agents, <br />employees, servants, engineering fIrms, construction fIrms, and subcontractors during the <br />performance of this contract. <br /> <br />7d. (Contract is a complete integration of all understandings): This agreement is <br />intended as the complete integration of all understandings between the parties. No prior or <br />contemporaneous addition, deletion, or other amendment hereto shall have any force or effect <br />whatsoever unless embodied herein in writing. No subsequent notation, renewal, addition, <br />deletion, or other amendment hereto shall have any force or effect unless embodied in a written <br />contract executed and approved pursuant to State fIscal rules. <br /> <br />7e. (State may release contract at its option): In its sole discretion, the State may at <br />any time and in writing give any consent, deferment, subordination, release, satisfaction, or <br />tennination of any or all of the Grantee's Obligations under this agreement, with or without <br />valuable consideration, upon such terms and conditioru; as the State may determine to be: (a) <br />advisable to further the purposes of this contract or to protect the State's interest therein, and <br />(b) consistent with both the statutory purposes of this contract and the limitations of the <br />statutory authority under which it is made. <br /> <br />7f. (Contract price can be adjusted if unit costs are later found to be too high): The <br />original contract price stated in paragraph 4. and any additions thereto shall be adjusted to <br />exclude any signifIcant sums by which the State determines the contract price has been <br />increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. <br />All such contract adjustments shall be made within one (1) year following the State's acceptance <br />of the feasibility study. <br /> <br />Page 4 of 7 Pages <br />