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<br />. <br /> <br />. <br /> <br />date of termination of this contract and have not yet been paid for as of the effective termination <br />date. <br /> <br />Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any <br />damages sustained by the State by virtue of any breach of the contract by the Contractor, and the <br />State may withhold any payments to the Contractor for the purpose of setoff until such time as the <br />exact amount of damages due the State from the Contractor is determined, <br /> <br />7. Contract relationship. The parties to this contract intend that the relationship between <br />them contemplated by this contract is that of grantor-grantee, not employer-employee nor principal- <br />agent, No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, an <br />employee, agent, or servant of the State. <br /> <br />8. Severability. To the extent that this contract may be executed and performance of the <br />obligations of the parties may be accomplished within the intent of the contract, the terms of this <br />contract are severable, and should any term or provision hereof be declared invalid or become <br />inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or <br />provision hereof, The waiver of any breach of a term hereof shall not be construed as waiver of any <br />other term, <br /> <br />9, Assignment. Neither party may assign its rights or duties under this contract without the <br />prior written consent of the other party, <br /> <br />10, Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shall not be construed so as to define or limit the terms or provisions contracted <br />herein. <br /> <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall be delivered or mailed to the following addresses: <br /> <br />For the State: <br /> <br />For the Contractor: <br /> <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Purgatoire River Water Conseryancy District <br />314 West Main Street <br />Trinidad, CO 81082 <br /> <br />Special provisions (1993 version) <br /> <br />12. Controller's approval. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado <br />or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the STATE. <br /> <br />13. Fund availability_ Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated. budgeted. and otherwise made available. <br /> <br />14. Bond requirement. If this contract involves the payment of n10re than fifty thousand dollars for the construction, erection, repair, <br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this STATE. the CONTRACTOR shall, <br />before entering upon the performance of any such work included in this contract, duly execute and deliver to the STATE official who will sign the <br />contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-hi3lf of the total <br />amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful <br /> <br />Purgatoire River Water Conservancy District <br /> <br />Page 3 of 5 <br />