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2023-01-31_REVISION - C1992081
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2023-01-31_REVISION - C1992081
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Last modified
2/7/2023 6:27:16 PM
Creation date
2/7/2023 4:41:05 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1992081
IBM Index Class Name
Revision
Doc Date
1/31/2023
Doc Name
Adequacy Review Response
From
Peabody
To
DRMS
Type & Sequence
TR12
Email Name
ZTT
AME
Media Type
D
Archive
No
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which provides written evidence of delivery, as addressed to the parties hereto. The parties may <br /> change the place for serving of such papers on it, or provide for the delivery of not more than two (2) <br /> additional copies, by giving the other party at least thirty (30) days prior written notice to such effect. <br /> Notices shalt be sent to: <br /> Grantee: State Land Board: <br /> Routt County Colorado State Board of Land Commissioners <br /> P.O. Box 773598 c/o Contract No. 113070 <br /> Steamboat Springs, CO 80477 1127 Sherman Street Suite 300 <br /> Denver, CO 80203 <br /> L. Severability <br /> Provided this Contract can be executed and performance of the obligations of the parties accomplished <br /> within its intent, the provisions hereof are severable and any provision that is declared invalid or <br /> becomes inoperable for any reason shall not affect the validity of any other provision hereof, provided <br /> that the parties can continue to perform their obligations under this Contract in accordance with its <br /> intent. <br /> M. Survival of Certain Contract Terms <br /> Notwithstanding anything herein to the contrary, provisions of this Contract requiring continued <br /> performance, compliance, or effect after termination hereof, shall survive such termination and shalt <br /> be enforceable by the State Land Board if Grantee fails to perform or comply as required. <br /> N. Third Party Beneficiaries <br /> Enforcement of this Contract and all rights and obligations hereunder are reserved solely to the parties. <br /> Any services or benefits which third parties receive as a result of this Contract are incidental to the <br /> Contract, and do not create any rights for such third parties. <br /> 0. Waiver <br /> Waiver of any breach under a term, provision, or requirement of this Contract, or any right or remedy <br /> hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver <br /> of any subsequent breach of such term, provision or requirement, or of any other term, provision, or <br /> requirement. <br /> P. Costs of Suit; Attorneys Fees <br /> In the event that the State Land Board shall, without fault on the State Land Board's part, be made <br /> party to any litigation instituted by the Grantee or by any third party against the Grantee, or by or <br /> against any person holding under or using the Premises by license of the Grantee, or for the foreclosure <br /> of any lien for labor or material furnished to or for the Grantee or any such other person or otherwise <br /> arising out of or resulting from any action or transaction of the Grantee or of any such other person, <br /> to the extent permitted by law, the Grantee hereby indemnifies and holds the State Land Board <br /> harmless from and against any judgment rendered against the State Land Board or the Facilities or any <br /> part thereof, and all costs and expenses, including reasonable attorney's fees, incurred by the State <br /> Land Board in or in connection with such litigation. <br /> Q. Colorado Open Records Act ("CORA") Disclosure <br /> To the extent not prohibited by federal law, this Contract and the performance measures if any, are <br /> subject to public release through CORA, 524-72-200.0, C.R.S., et seq. <br /> R. Governmentallmmunity <br /> Liability for claims for injuries to persons or property arising from the negligence of the State of <br /> Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and <br /> ROW 113070 Page 14 of 16 Revised DOL_20180717 <br />
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