2021-05-17_PERMIT FILE - M2021033 (3)

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LJUL.U01 1I CI Ivulupu ILl. Lie I l r-OVVC-YOLL-OLJU-4U/1f UJ I l ZyLJV PO:461001608 Routing#:21-HA4-ZG-00096 invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 18.Waiver The waiver of any breach of a term,provision,or requirement of this Contract shall not be construed or deemed as waiver of any subsequent breach of such term,provision,or requirement,or of any other term,provision,or requirement. Section 19.Entire Understanding This Contract and its exhibit and attachments are intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition,deletion,or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing., No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing executed and approved pursuant to the State Fiscal Rules. Section 20.Survival of Certain Contract Terms Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued performance, compliance, or effect beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor. Section 21.Modification and Amendment This Contract is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Contract on the effective date of such change as if fully set forth herein. Except as provided above,or except as may otherwise be authorized by terms of this Contract,no modification of this Contract shall be effective unless agreed to in writing by both parties in an amendment to this Contract that is properly executed and approved in accordance with applicable law. Section 22.CDOT Special Provision Contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract. Section 23.CORA Disclosure To the extent not prohibited by federal law,this Contract and the performance measures and standards under CRS§24-103.5- 101,if any,are subject to public release through the Colorado Open Records Act,CRS §24-72-101,et seq. Section 24.Colorado Special Provisions(Colorado Fiscal Rule 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1),C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State's Chief Information Officer or designee. B. FUND AVAILABILITY.§24-30-202(5.5),C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. Page 5 of 8