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PO#:461001235 <br /> Routing#:19-HA2-ZG-00098 <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. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 anytime thereafter,this§21 applies. <br /> Document Builder Generated Page 4 of 28 <br /> Rev. 12/09/2016 <br />