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PO# 461001084
<br /> Routine# 18-HA4-ZG-00105
<br /> B. The state may 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 15. 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 /> •
<br /> provisions of the Colorado Governmental Immunity Act, Section 24-10-101, etseq., 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 shall 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 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 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 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
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<br /> Rev 12/09/2016
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