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CMS 62167
<br /> CMS 9 65485
<br /> 6, Liability:
<br /> 6.1. The State will assume no liability for any deficiency that Operator may incur under this
<br /> program at any time,including the unavailability of offenders for work crews and production
<br /> targets,or those resulting from delays that are beyond CCi's control or from action required by
<br /> CDOC to maintain the security and order of the prison housing the offenders.
<br /> 6.2. Operator shall indemnify,save,and hold harmless the state of Colorado,including CDOC and
<br /> M,and their employees and agents,sgainst any and all claims,damages,liability and court
<br /> awards including costs,expenses,and attorney fees and related costs,incurred as a result of any
<br /> act or omission by Operator,or its employees,agents.subcontractors,or assignees pursuant to
<br /> the terms of this Agreement.
<br /> 6.3. Notwithstanding any other provision of this Agreement to the contrary,no term or condition of
<br /> this Agreement shall be construed or interpreted as a waiver,express or implied,of any of the
<br /> immunities,rights,benefits,protection,or otha provisions of the Governmental Immunity Act,
<br /> §24-10-101 et seq.,C.R.S.or the Federal Tort Claims Act,28 U.S.C.§§1346(b)and 2671 et
<br /> seq..as applicable now or hereafter amended,the Eleventh Amendment of the U.S.
<br /> Constitution,or state of Colorado employee qualified immunity. The Parties understand and
<br /> agree that liability for claims for igjuries to persons or property arising out of negligence of the
<br /> state of Colorado,its departments,institutions,agencies,boards,officials and employees is
<br /> controlled and limited by the provisions of§24-10-101,et seq.,C.R.S.as now or hereafter
<br /> amended and the risk management statutes,sections§24-30-1501,et seq.,C.R.S.as now or
<br /> hereafter amended
<br /> 7. General Ptmdsions
<br /> 7.1. Notices.
<br /> Any notice provided for in this Agreement shall be in writing and saved by personal delivery,
<br /> electronic mail,or United States marl,at the addresses listed below,until such times as written
<br /> notice of change of address is received from either Party. Any notice so mailed,served,or
<br /> personally delivered shall be deerned delivered and effective upon receipt or upon attempted
<br /> delivery.This method of notification will be used in all instances,except for emergency
<br /> situations when immediate notification is required.
<br /> Colorado Correctional Industries A Products,Inc.
<br /> ATTN-.Steve Smith,Director Michael D.Colema President
<br /> P.O.Box 1600 702 Drive
<br /> Calton City,CO 81215-1600 Buena Vista CO 81211
<br /> 7.2. Security
<br /> 7.2.1. In any and all areas to which the offender may have access and during those times when
<br /> offenders are present.Lessee and Lessee Subcontractors shall comply with all the rules
<br /> and regulation of DOC. including compliance with DOC regulations regarding
<br /> contraband,as defined and controlled in DOC Administrative Regulations 300-01,300-
<br /> 06, and 30D-09, which are hereby incorporated into this Lease by reference. Lessee
<br /> acknowledges receipt of copies of the referenced Administrative Regulations;
<br /> 71.2. All on-site personnel shall agree to, complete, and sign form 300-01 B, Consent to
<br /> Search,and comply with its provisions if they will be in contact with offenders or have
<br /> access to areas where offenders may have access.
<br /> 7.2.3. Operator understands that if its employees are present during a lock-down in a CDOC
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<br /> Exhibit H-5
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