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CMS 62167
<br /> CMS#65485
<br /> facility,that person may be detained within the facility until the site's security concerns
<br /> are met. Further,in case of hostage situations,the sites staff will not negotiate for the
<br /> release of any offenders in order to secure the release of an employee or Operator.
<br /> 7.2.4. In any and all areas to which the offender may have access and during those times when
<br /> offenders arc present,there shall be no smoking or other tobacco or marijuana relates;
<br /> products allowed on Quarry premises.
<br /> 7.2.5. Operator agrees that neither it nor its employees or subcontractors shall provide
<br /> offenders with access to or use of any cellular telephone, satellite phones, land line
<br /> phone,computers,tablets or other forms of electronic communication.
<br /> 7.3. Integration.
<br /> This Agreement is intended as the complete integration of understanding between the Parties.
<br /> No prior or contemporaneous addition,deletion,or other amendment hereto shall have any
<br /> force or effect whatsoever,unless embodied herein by writing. No subsequent novation,
<br /> renewal,addition,deletion,or other amendment hereto shall have any force or effect unless
<br /> embodied in a written Agreement.
<br /> 7.4. Compliance with Applicable Laws.
<br /> Operator shall,at all times during this Agreement,strictly adhere to all applicable state and
<br /> federal laws and regulations.
<br /> 7.5. Severability.
<br /> To the extent that this Agreement may be executed and performance of the obligations of the
<br /> Parties may be accompitshed within the intent of the Agreement,the terms of this Agreement
<br /> arc 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
<br /> tam or provision hereof. The waiver of any breach of a term hereof shall toot be construed as a
<br /> waiver of any other term,or the same term upon subsequent breach.
<br /> 7.6. No Third Party Benefit.
<br /> Except as otherwise stated,this Agreement shall inure to the benefit of and be binding only
<br /> upon the Parties hereto and their respective successors and assigns.No third parry beneficiary
<br /> right or benefits of any kind are expressly or impliedly provided herein.
<br /> 7.7. Jurisdiction and Mandatory Venue.
<br /> The laws of the state of Colorado and rules and regulations issued pursuant thereto shall be
<br /> applied in the interpretation,execution and enforcement or this Agreement.Exclusive venue
<br /> shall be the courts in the City and County of Denver.
<br /> 7.8. Force Majeure,
<br /> The State shall not be liable to the Operator for any delay in,or failure of performance of,any
<br /> covenant or promise contained in this Agreement,nor shall any delay or failure constitute
<br /> default or give rise to any liability for damages if,and only to the extent that,such delay or
<br /> failure is caused by"force majeure" As used this Agreement,"force majeure"means acts of
<br /> God,acts of the public enemy,acts of any governmental entity in its sovereign or contractual
<br /> capacity,prison riots or disruptions,fires,flood,epidemic,quarantine restrictions,strikes or
<br /> other labor disputes,freight embargoes,or weather.
<br /> 7.9. Modification.
<br /> Modifications to the scope,tam and compensation provisions of this agreement must be made
<br /> in writing,and shall take affect upon obtaining authorized signatures of both Parties.
<br /> 7.10.CORA Disclosure.
<br /> To the extent not prohibited by federal law,this Agreement and the performance measures and
<br /> standards under§24-103.5-101,C.R.S.if any,are subject to public release through the Colorado
<br /> Open Records Act,§24-72.101,et seq.C.R.S.
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<br /> Exhibit H-6
<br /> pi - 3a.
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