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CMS 62I67
<br /> President -
<br /> PO Box 1877
<br /> 702 GreggDr.
<br /> Buena Vista,CO 81211
<br /> 719-395-3790
<br /> F— mcoleman@acaproducts.com
<br /> 19.LIABILITY LIMITATIONS
<br /> Liability for claims for injuries to persons or property arising from the negligence of the state of Colorado,its
<br /> departments,institutions,agencies,boards,officials,and employees is controlled and limited by the provisions of
<br /> the Governmental Immunity Act §24-10-101, et seq. C.R.S.and the risk management statutes, §24-30-1501,et seq.,
<br /> C.R-S.as amended.
<br /> 20.ASSIGNMENT,SUBLETTING,AND SECURITY INTEREST
<br /> A.Assignment
<br /> L Lessee may not assign this Lease without the prior written consent of Lessor,which may be withheld at
<br /> Lessor's sole discretlom
<br /> ii. Under circumstances of a Lessor-approved assignment of this Lease,no assignment of undivided interests
<br /> or retention or reservation of overriding royalties will be recognized or approved by Lessor,and the effect,if any,
<br /> of any such assignments or reservations will be strictly and only as between the parties thereto and outside the
<br /> terms of this Lease. No dispute between parties to any assignment or reservation shall operate to relieve Lessee
<br /> from performance of any terms or conditions hereof or to postpone the time therefor. Lessor shall at all times be
<br /> entitled to look solely to Lessee or Lessee's assignee, if consented to by Lessor,for the sending of all notices
<br /> required by this Lease,and for the performance of all terms and conditions hereof.
<br /> HL Assignment Consideration
<br /> The consideration for Lessor approval of assignment by Lessee shall include,but is not limited to,payment of
<br /> forty percent(40%)of the value of any consideration tendered to Lessee by the assignee for the assignment.
<br /> Divulgence of the value of these considerations shall be mandatory,in affidavit form,which form shall be
<br /> presented to Lessor along with the other assignment instruments in order to obtain Lessor's approval for the
<br /> assignment. An assignment does not constitute a new lease but is a continuation of this Lease. Any attempt to
<br /> withhold this information shall be construed as an attempt to defraud the state of Colorado and shall render the
<br /> assignment null,void and nonexistent,and the Lease subject to immediate termination without opportunity to
<br /> cure. Tender of consideration for the assignment shall not preclude Lessor from rejection of the assignment.
<br /> B.Security Interest
<br /> Assignment or encumbrance of this Lease,or Lessee improvements placed upon the Leased Premises,for any
<br /> purpose other than to transfer Lessee's leasehold interest is strictly prohibited and shall result in this Lease
<br /> becoming subject to immediate termination without opportunity to cure. Lessee shall not suffer or permit to be
<br /> enforced against the Leased Premises,or any part thereof,or any improvements thereon,any liens arising
<br /> from,or any claim for damage growing out of the work of any construction,repair,restoration,replacement or
<br /> improvement,or any other claims or demand howsoever the same may arise,but Lessee shall pay or cause to
<br /> be paid all of said liens,claims, or demands before any action is brought to enforce the same against the
<br /> Leased Premises or improvements. Lessee agrees to defend,indemnify and hold Lessor free and harmless
<br /> from all liability for any and all such liens,claims,demands,and actions together with reasonable attorney fees
<br /> and all costs and expenses in connection therewith Lessee shall,upon execution of this Lease,at its cost,
<br /> prepare a notice,pursuant to§38-22-105(2)C.R.S.and cause the same to be posted and maintained consistent
<br /> with statutory requirements for the purpose of protecting Lessor against any liens or encumbrances upon the
<br /> Leased Premises by reason of work,labor,services or materials contracted for or supplied to Lessee.
<br /> 21.STATEWIDE CONTRACT MANAGEMENT SYSTEM
<br /> A.Lessee agrees to be governed,and to abide,by the provisions of C.R.S. §24-102-205,§24-102-206, §24-103-
<br /> 601, §24-103.5-101 and§24-105-102 concerning the monitoring of vendor performance on state contracts and
<br /> inclusion of Lease performance information in a statewide Contract Management System.
<br /> B.Lessee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
<br /> this Lease,state law,including§24-I03.5-101 C.R.S.,and state Fiscal Rules,Policies and Guidance. Evaluation
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