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requirements of such obligations and shall include factors tailored to match the requirements of Grantee's
<br />obligations. Such performance information shall be entered into the statewide Contract Management System at
<br />intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the
<br />end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall
<br />address or correct any identified problem in a timely manner and maintain work progress.
<br />Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
<br />meet the performance measures established hereunder, the Executive Director of the Colorado Department of
<br />Personnel and Administration (Executive Director), upon request by the Division of Homeland Security and
<br />Emergency Management, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on
<br />future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements,
<br />which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS
<br />§24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or
<br />202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director,
<br />upon a showing of good cause.
<br />20. GENERAL PROVISIONS
<br />A. Assignment and Subgrants
<br />Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted
<br />without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without
<br />such consent shall be void. All assignments, subgrants, or sub -grantees approved by Grantee or the State
<br />are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
<br />arrangements and performance.
<br />B. Binding Effect
<br />Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and
<br />burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors,
<br />and assigns.
<br />C. Captions
<br />The captions and headings in this Grant are for convenience of reference only, and shall not be used to
<br />interpret, define, or limit its provisions.
<br />D. Counterparts
<br />This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
<br />agreement.
<br />E. Entire Understanding
<br />This Grant represents the complete integration of all understandings between the Parties and all prior
<br />representations and understandings, oral or written, are merged herein. Prior or contemporaneous
<br />additions, deletions, or other changes hereto shall not have any force or affect whatsoever, unless embodied
<br />herein.
<br />F. Indemnification -General
<br />Grantee shall, to the extent permitted by law, indemnify, save, and hold harmless the State, its employees
<br />and agents, against any and all claims, damages, liability and court awards including costs, expenses, and
<br />attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees,
<br />agents, Sub -grantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall
<br />not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
<br />protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or
<br />the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
<br />G. Jurisdiction and Venue
<br />All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive
<br />venue shall be in the City and County of Denver.
<br />H. List of Selected Applicable Laws
<br />Grantee at all times during the performance of this Grant shall comply with all applicable Federal and State
<br />laws and their implementing regulations, currently in existence and as hereafter amended, including
<br />without limitation those set forth on Exhibit A, Applicable Laws, attached hereto, which laws and
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