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EIAF 7500 — Louisville City Service Facility
<br />21. 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 subcontracts 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 />and subcontracting arrangements and performance.
<br />B. Binding Effect
<br />Except as otherwise provided in §21(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 additions,
<br />deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied 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, Subgrantees, 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 GIA, or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as
<br />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 />At all times during the performance of this Grant, Grantee shall comply with all applicable Federal and
<br />State laws and their implementing regulations, currently in existence and as hereafter amended, including
<br />without limitation those set forth on Exhibit A, Applicable Laws. Grantee also shall require compliance
<br />with such laws and regulations by subgrantees under subgrants permitted by this Grant.
<br />I. Use Covenants
<br />This section ❑ shall I ® shall not apply to this Grant:
<br />For Subject Property that is owned by Grantee upon execution of this Grant, Grantee shall record a Use
<br />Covenant substantially equivalent to Exhibit F with the county in which the property resides as soon as
<br />reasonably practicable after execution of this Grant. For Subject Property acquired by Grantee using Grant
<br />Funds, Grantee shall record a Use Covenant substantially equivalent to Exhibit F with the county in which
<br />the property resides as soon as reasonably practicable after acquisition of such property.
<br />J. Modification
<br />i. By the Parties
<br />Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless
<br />agreed to in writing by the Parties in an amendment hereto, properly executed and approved in
<br />accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller
<br />Policies, including, but not limited to, the policy entitled MODIFICATION OF CONTRACTS -
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