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, ) 5. In consideration of the State assuming a portion of the cost of the preparation of the said project feasibility report. the Contractor shall pay to the State the sum of Seven Thousand Seven Hundred Seventy Dollars ($7,770) provided that construction of the subject water project is initiated within ten (10) years of the date of this contract. The Contractor shall fulfill this Obligation irrespective of how or by whom or to what specifications or plans the SUbject project is financed. paid. or constructed for 60 long as construction of the project is initiated within the specified time. 6. In the event the Contractor must make payment pursuant to the terms of paragraph 5. above. then the said sum of Seven Thousand Seven Hundred Seventy Dollars ($7,770) shall be payable in ten (10) equal yearly installments of Seven Hundred Seventy-Seven Dollars ($777) 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 thereafter. 7. 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. " . ".r..~ < 8. The Contractor is an independent contractor and as such is not entitled to any benefits of the State personnel system. .0 9. The original contract price stated in paragraph 4. and any additions thereto shall be adjusted to exclude any significant sums by which the State determines the contract price increased due to inaccurate. incomplete. or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the contract. 10. The Contractor warrants that he has not employed or retained any company or person. other than a bona fide employee working solely for him. to solicit or secure this contract and that he has not paid or agreed to pay any person. company, corporation. individual. or firm. other than a bona fide employee working solely for him, any fee, commission. percentage, gift. or other consideration contingent upon or reSUlting from the award or the making of this contract. 11. All notices. correspondence. or other documents required by this contract shall be delivered or mailed to the following addresses: a. For the State b. For the Contractor Mr. David W. Walker. Acting Director Colorado Water Conservation Board 721 State Centennial Building 1313 Sherman Street Denver. CO 80203 Attn: Frank Akers Handy Ditch Company P.O. Box 1079 Berthoud. CO 80513 Atto: Louis F. Bein Secretary-Treasurer , - ' ' .,,- . .~.\.. Page ~ of ~ Pages