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LA PLATA WATER CONSERVANCY DISTRICT <br />INDEPENDENT CONTRACTOR AGREEMENT <br />This Independent Contractor Agreement is entered into by and between the LA PLATA WATER <br />CONSERVANCY DISTRICT, a quasi-municipal corporation and political subdivision of the State, <br />established pursuant to the Water Conservancy Act, § 37-45-101, et seq., C.R.S. (1963) (the "District") <br />and SKANSKA USA CIVIL WEST ROCKY MOUNTAIN DISTRICT INC., a Delaware <br />corporation authorized to conduct business in Colorado (the "Independent Contractor") and is effective <br />on the date it is signed by the last signatory. The District and the Independent Contractor are collectively <br />referred to in this Agreement as the "Parties," or individually as a "Party." <br />RECITALS <br />WHEREAS, the Parties have agreed that the Independent Contractor shall provide certain services to <br />the District on a contract basis in accordance with the terms and conditions of a separate agreement <br />previously entered into between the Parties; <br />WHEREAS, the District is concerned about possible liability should the Independent Contractor, its <br />agents or employees become injured while performing said services; and <br />WHEREAS, the Parties wish to use this Agreement to satisfy the requirements of C.R.S. § 8-40- <br />202(b)(II) with respect to establishing independent contractor status for purposes of the Workers' <br />Compensation Act of Colorado, C.R.S. 40-8-101, et seq. <br />NOW THEREFORE, in consideration of the Parties' rights and obligations set out below and in the <br />separate agreement previously entered into between the Parties, the Parties hereby agree as follows: <br />AGREEMENT <br />I. TERM. The term of this Agreement will be indefinite and AT-WILL, which means this <br />Agreement will continue to apply until it is terminated by either Party, and either Party may terminate <br />this Agreement at any time and for any reason or for no reason without prior notice. Unless specified in <br />a termination notice from the District, or agreed to by both Parties, termination of this Agreement will <br />not terminate the Independent Contractor's current services for a project the Independent Contractor <br />accepted from the District; in such circumstances, the Independent Contractor will complete the project <br />and this Agreement will continue to apply to both Parties regarding that project. <br />In addition, the District may terminate this Agreement immediately without prior notice if any of <br />the following occurs: <br />a. If the Independent Contractor breaches any provision of this Agreement; <br />b. If the Independent Contractor commits an act of fraud, dishonesty, or any other act of