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otherwise provided, this Contract shall inure to the benefit of and be binding only upon the <br />parties hereto and their respective successors and assigns. <br />Section 13. Changes - IndeFnite Quantity Contract -Funding Letter <br />This is an indefinite quantity contract for the services specified herein. The number of <br />units required to complete the work services may vary. The parties have estimated the <br />quantity and cost of such services, but such estimates are estimates only. <br />A. Funds are available and encumbered in the amount of the estimate. The Contractor <br />shall not perform Work that creates a Financial obligation of the State exceeding the <br />amount of available funds specified herein. The Contractor shall notify the <br />representative in writing, using a form substantially equivalent to the sample <br />Notification of Commitments Within 10% of Original Project Amount attached as <br />Exhibit E, when State commitments, paid and unpaid, are within 10% of the <br />amount of funds available. The State is not liable beyond the amount of funds <br />specified as available in this paragraph. <br />B. The state may allocate more or less funds available on this contract using a Funding <br />Letter substantially equivalent to Exhibit F and bearing the approval of the State <br />Controller or his designee. The Funding Letter shall not be deemed valid until the <br />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 <br />contract modification order process described in this paragraph and in the Standard <br />Specifications using a form substantially equivalent to the sample contract modification <br />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 <br />of this Contract shall be construed or interpreted as a waiver, express or implied, of any of <br />the immunities, rights, benefits, protection, or other provisions of the Colorado <br />Governmental Immunity Act, Section 24-10-101, et.seq., CRS, as now or hereafter <br />amended. The parties understand and agree that liability for claims for injuries to persons <br />or property arising out of negligence of the State of Colorado, its departments, institutions, <br />agencies, boards, officials and employees is controlled and limited by the provisions of <br />Section 24-10-101, et. seq., CRS, as now or hereafter amended and the risk management <br />statutes, Section 24-30-1501, et. seq., CRS, as now or hereafter amended. <br />Section 16. Severability <br />To the extent that this Contract maybe executed and performance of the obligations of the <br />parties may be accomplished within the intent of the Contract, the terms of this Contract <br />are severable, and should any term or provision hereof be declared invalid or become <br />inoperative for any reason, such invalidity or failure shall not affect the validity of any <br />other term or provision hereof. <br />5 <br />