|
PO # 461 oo09"
<br />Routing 17-HA2-ZG-0M8
<br />B. The state ma} allocate more or less funds available on this contract using a Funding Letter substantially equivalent
<br />to Exhibit F and bearing the approval of the State Controller or his designee. The Funding Letter shall not be
<br />deemed valid until the State Controller or his designee shall have approved it.
<br />Section 14. Contract Modification
<br />Bilateral changes within the general scope of the contract may be executed using the contract modification order
<br />process described in this paragraph and in the Standard Specifications using a form substantially equivalent to the
<br />sample contract modification order attached as Exhibit G for any of the reasons listed in the Standard Specifications
<br />Section 13. Governmental Immunity
<br />Notwithstanding any other provision of this Contract to the contrary_ no term or condition of this Contract shall be
<br />construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
<br />provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et.seq., CRS, as now or hereafter
<br />amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of
<br />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 16. 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 shalt not affect
<br />the validity of any other term or provision hereof.
<br />Section 17. 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 18. 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 19. 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 ma} require continued performance, compliance, or effect
<br />bevond 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 20. 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 21. CDOT Special Provision
<br />Contractor shall indemnify, save, and bold 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 />Page 4 of
<br />Document Builder Generated
<br />Rev 12109x016
<br />35
<br />
|