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CMS 62167
<br /> and Review of Lessor's performance shall be part of the normal Lease administration process and Lessee's
<br /> performance will be systematically recorded in the statewide Contract Management System. Areas of
<br /> Evaluation and Review shall include, but shall not be limited to performance of Lessor's obligations hereunder.
<br /> Collection of information relevant to the performance of Lessee's obligations under this Lease shall be
<br /> determined by the specific requirements of such obligations and shall include factors tailored to match the
<br /> requirements of Lessee's obligations. Such performance information shall be entered into the statewide
<br /> Contract Management System at intervals established herein and a final Evaluation,Review and Rating shall be
<br /> rendered within thirty(30)days of the end of the Lease term. Lessee shall be notified following each
<br /> performance Evaluation and Review,and shall address or correct any identified problem in a timely manner and
<br /> maintain work progress.
<br /> C. Should the final performance Evaluation and Review determine that Lessee demonstrated a gross failure to meet
<br /> the performance measures established hereunder,the Executive Director of the Colorado Department of
<br /> Personnel and Administration(Executive Director),upon request by Lessor,and showing of good cause,may
<br /> debar Lessee and prohibit Lessee from bidding on future contracts. Lessee may contest the final Evaluation,
<br /> Review and Rating by.(a)filing rebuttal statements,which may result in either removal or correction of the
<br /> evaluation(§24-105-102(6)C.R.S.),or(b)under§24-105-102(6)C.R-S.,exercising the debarment protest and
<br /> appeal rights provided in§§24-109-106, 107,201 or 202 C.R.S.,which may result in the reversal of the
<br /> debarment and reinstatement of Lessee,by the Executive Director,upon a showing of good cause.
<br /> 22.GENERAL PROVISIONS
<br /> A.Binding Effect
<br /> Except as otherwise provided in§20(A),all provisions herein contained,including the benefits and burdens,
<br /> shall extend to and be binding upon the Patties' respective heirs, legal representatives,successors,and assigns.
<br /> B.Captions
<br /> The captions and headings in this Lease are for convenience of reference only,and shall not be used to
<br /> interpret,define,or limit its provisions.
<br /> C.Counterparts
<br /> This Lease may be executed in multiple identical original counterparts,all of which shall constitute one
<br /> agreement.
<br /> D.Entire Understanding
<br /> This Lease and the OLA represent the complete integration of all understandings between the Parties and all
<br /> prior representations and understandings,oral or written,are merged herein. Prior or contemporaneous
<br /> additions,deletions, or other changes hereto shall not have any force or affect whatsoever,unless embodied
<br /> herein.
<br /> E.Indemnification
<br /> Lessee shall indemnify,save,and hold harmless the State,its employees and agents,against any and all
<br /> claims, damages,liability and court awards including costs,expenses,and attorney fees and related costs,
<br /> incurred as a result of any act or omission by Lessee,or its employees,agents,Subcontractors,or assignees
<br /> pursuant to the terms of this Lease;however,the provisions hereof shall not be construed or interpreted as a
<br /> waiver,express or implied,of any of the immunities,rights,benefits,protection,or other provisions,of the
<br /> Colorado Governmental Immunity Act, §24-10-I01 et seq.,C.R.S.,or the Federal Tort Claims Act,28 U.S.C.
<br /> 2671 et seq.,as applicable,as now or hereafter amended.
<br /> F.Jurisdiction and Venue
<br /> The exclusive jurisdiction for all suits,actions,or proceedings related to this Lease shall be in the state of
<br /> Colorado and the exclusive venue shall be in the City and County of Denver.
<br /> G.Modification
<br /> L By the Parties
<br /> Except as specifically provided in this Lease,modifications of this Lease shall not be effective unless agreed to
<br /> in writing by both Parties in an amendment to this Lease,properly executed and approved in accordance with
<br /> applicable Colorado state law,state Fiscal Rules,state Building and Real Estate Program,and Office of the State
<br /> Controller Policies,including,but not limited to,the policy entitled MODIFICATIONS OF CONTRACTS-
<br /> TOOLS AND FORMS.
<br /> il. By Operation of Law
<br /> Pagc 11 of 13
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