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CMS 62167 <br /> This Lease is subject to such modifications as may be required by changes in Federal or Colorado state law,or <br /> their implementing regulations. Any such required modification automatically shall be incorporated into and be <br /> part of this Lease on the effective date of such change,as if fully set forth herein. <br /> H.Order of Precedence <br /> The provisions of this Lease shall govern the relationship of the Parties. In the event of conflicts or <br /> inconsistencies between this Lease and its exhibits and attachments,including,but not limited to,those <br /> provided by the Parties,such conflicts or inconsistencies shall be resolved by reference to the documents in the <br /> following order of priority: <br /> i. Colorado Special Provisions,§23 herein; <br /> ii. Remaining terms of this Lease; <br /> ill. Exhibit B(Leased Premises Boundary Modifications); <br /> iv. Exhibit A(Leased Premises Description); <br /> v. Exhibit C(Acceptable Use of Leased Premises); <br /> vi. Exhibit E(Governmental Compliance); <br /> vii. Exhibit F(Water Requirements and Restrictions); <br /> vifi. Exhibit G(Insurance); <br /> ix. Exhibit D(Development Plan);and <br /> x. Exhibit H(Offender Labor Agreement). <br /> I.Severability <br /> Provided this Lease can be executed and performance of the obligations of the Parties accomplished within its <br /> intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for <br /> any reason shall not affect the validity of any other provision hereof,provided that the Parties can continue to <br /> perform their obligations under this Lease in accordance with its intent. <br /> J.Survival of Certain Lease Terms <br /> Notwithstanding anything herein to the contrary,provisions of this Lease requiring continued performance, <br /> compliance,or effect after termination hereof,shall survive such termination and shall be enforceable by the <br /> State if Lessee fails to perform or comply as required. <br /> K Taxes <br /> The State is exempt from paying any taxes,including,but not limited to,real property taxes. Lessee shall be <br /> solely liable for paying any taxes associated,in any way,with this Lease and purchases,construction and <br /> operations allowed under this Lease,including that which may relate to the production and sale of <br /> Construction Materials. <br /> L.Third Party Beneficiaries <br /> Enforcement of this Lease and all rights and obligations hereunder are reserved solely to the Parties,and not to <br /> any third party. Any services or benefits which third parties receive as a result of this Lease are incidental to <br /> the Lease,and do not create any rights for such third parties. <br /> M.Waiver <br /> Waiver of any breach of a term,provision,or requirement of this Lease or any right or remedy hereunder, <br /> whether explicitly or by lack of enforcement,shall not be construed or deemed as a waiver of any subsequent <br /> breach of such term,provision or requirement,or of any other term,provision,or requirement- <br /> N.CORA Disclosure <br /> To the extent not prohibited by federal law,this Lease and the performance measures and standards under CRS <br /> §24-103.5-101,if any,are subject to public release through the Colorado Open Records Act,CRS§24-72-10I, <br /> et seq. <br /> 23.OFFICE OF THE STATE CONTROLLER'S SPECIAL PROVISIONS for REAL PROPERTY <br /> LEASES <br /> The Special Provisions apply to all Leases except where noted in italics. <br /> A.CONTROLLER'S APPROVAL. CRS§24-30-202(1). <br /> This Lease shall not be deemed valid until it has been approved by the Colorado State Controller or designee. <br /> B.FUND AVAILABILITY.CRS§24-30-202(5.5). <br /> Financial obligations of the State payable after the current fiscal year are contingent upon funds for that <br /> purpose being appropriated,budgeted,and otherwise made available. <br /> Page 12 of 13 <br /> 0 _ `�> <br />