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negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is
<br />controlled and limited by the provisions of Section 24 -10 -101, et. seq., CRS, as now or hereafter amended and the risk
<br />management statutes, Section 24 -30 -1501, et. seq., CRS, as now or hereafter amended.
<br />Section 17. Severability
<br />To the extent that this Contract may be executed and performance of the obligations of the parties may be
<br />accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or
<br />provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect
<br />the validity of any other term or provision hereof.
<br />Section 18. Waiver
<br />The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed as
<br />waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or
<br />requirement.
<br />Section 19. Entire Understanding
<br />This Contract and its exhibit and attachments are intended as the complete integration of all understandings between
<br />the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect
<br />whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other
<br />amendment hereto shall have any force or effect unless embodied in writing executed and approved pursuant to the
<br />State Fiscal Rules.
<br />Section 20. Survival of Certain Contract Terms
<br />Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this
<br />Contract and the exhibits and attachments hereto which may require continued performance, compliance, or effect
<br />beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State
<br />as provided herein in the event of such failure to perform or comply by the Contractor.
<br />Section 21. Modification and Amendment
<br />This Contract is subject to such modifications as may be required by changes in Federal or State law, or their
<br />implementing regulations. Any such required modification shall automatically be incorporated into and be part of this
<br />Contract on the effective date of such change as if fully set forth herein. Except as provided above, or except as may
<br />otherwise be authorized by terms of this Contract, no modification of this Contract shall be effective unless agreed to
<br />in writing by both parties in an amendment to this Contract that is properly executed and approved in accordance with
<br />applicable law.
<br />Section 22. CDOT Special Provision
<br />Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,
<br />damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result
<br />of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of
<br />this contract.
<br />Section 23. Statewide Contract Management System
<br />If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date
<br />or at any time thereafter, this §22 applies.
<br />Contractor agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24 -102 -206, §24 -103 -601,
<br />§24 -103.5 -101 and §24 -105 -102 concerning the monitoring of vendor performance on state contracts and inclusion
<br />of contract performance information in a statewide contract management system.
<br />Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
<br />this Contract, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and
<br />Review of Contractor's performance shall be part of the normal contract administration process and Contractor's
<br />performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and
<br />Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the
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