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<br />. <br /> <br />. <br /> <br />The waiver of any breach of a term hereof shall not be constnued as waiver of any other term. <br /> <br />8. Assignment. Neither party may assign its rights or duties under this contract without the prior <br />written consent of the other party. <br /> <br />9. Integration of all understandings. This agreement is intended as the complete integration of all <br />understandings between the parties. No prior or contemporaneous addition, deletion, or other <br />amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No <br />subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or <br />effect unless embodied in a written contract executed and approved pursuant to STATE fiscal nules. <br /> <br />10. Captions. The captions and headings contained in this contract are for convenience and reference <br />only and shall not be construed so as to define or limit the terms or provisions contracted herein. <br /> <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this contract <br />shall be delivered or mailed to the following addresses: ' <br /> <br />For the STATE: For the CONTRACTOR: <br /> <br />Colorado Water Conservation Board <br />Attn: John Van Sciver <br />1313 Sherman Street. Room 721 <br />Denver, CO 80203 <br /> <br />Board of County Commissioners of <br />Jefferson County <br />Attn: Janet Bell, Planning and Zoning Department <br />100 Jefferson County Parkway <br />Golden, CO 80419-3550 <br /> <br />12. The Parties agree that this is not a public works project for the State and therefore Paragraphs D.3 <br />and D.6 do not apply to this contract. <br /> <br />D. SPECIAL PROVISIONS (6/97 version). , State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract, including grants. <br /> <br />Controller's Approval <br /> <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State <br />of Colorado or such assistant as he may designate. This provision is applicable to any contract <br />involving the payment of money by the STATE. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, <br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other <br />public work for this STATE', the CONTRACTOR shall, before entering upon the performance of any such <br />work included in this contract, duly execute and deliver to the STATE official who will sign the contract, <br />a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum <br />not less than one-half of the total amount payable by the terms of this contract. Such bond shall be <br />duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract <br />and in addition, shall provide that ifthe CONTRACTOR or his subcontractors fail to duly pay for any, <br />labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by <br />such CONTRACTOR or his subcontractor in performance of the work contracted to be done or fails to <br />pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the <br />surety will pay the same in an amount not exceeding the, sum specified in the bond, together with <br /> <br />Page 3 of 6 <br />