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PO#:461001190
<br /> Routing#: 19-HA4-ZG-00058
<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 §23 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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<br /> Rev. 12/09/2016
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