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DocuSign Envelope ID: AC19E581-0F23-4C3E-8F58-811C891EBD9C
<br />15. Liability.
<br />a. Grantee shall be responsible for, and to the extent permitted by law (including any
<br />constitutional or statutory limitations on the ability of a governmental entity to provide
<br />indemnification), indemnify, defend and hold harmless the Board, its officers, agents and
<br />employees from any and all liabilities, claims, demands, damages or costs (including reasonable
<br />legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee's
<br />performance of this Agreement. Grantee hereby waives any and all rights to any type of express
<br />or implied indemnity or right of contribution from the State of Colorado, the Board, its members,
<br />officers, agents or employees, for any liability resulting from, growing out of, or in any way
<br />connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner
<br />of the Project and the Property upon which it is located, or has control of the Project and the
<br />Property, and that GOCO neither possesses nor controls the Project, the Property, nor the
<br />operations of the Project.
<br />b. Anything else in this Agreement to the contrary notwithstanding, no term or condition of
<br />this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of
<br />the immunities, rights, benefits or protection provided to the Board under the Colorado
<br />Governmental Immunity Act ("CGIA") as amended or as may be amended in the future
<br />(including, without limitation, any amendments to such statute, or under any similar statute
<br />which is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for
<br />protection under the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. The
<br />Board and Grantee understand and agree that liability for claims for injuries to persons or
<br />property arising out of the negligence of the Board, its members, officials, agents and employees
<br />may be controlled and/or limited by the provisions of the CGIA. The parties agree that no
<br />provision of this Agreement shall be construed in such a manner as to reduce the extent to which
<br />the CGIA limits the liability of the Board, its members, officers, agents and employees.
<br />16. Audits and Accounting. Grantee shall maintain standard financial accounts, documents,
<br />and records relating to the use, management, and operation of the Project. The accounts,
<br />documents, and records related to the Project shall be retained by the Grantee for five (5) years
<br />following the date of disbursement of funds under this Agreement. The Board, or its designated
<br />agent, shall have the right, upon reasonable notice to the Grantee, to audit the books and records
<br />of Grantee which pertain to the Project and to the use and disposition of Board funds. The
<br />Grantee may use any accounting system which follows the guidelines of "Generally Accepted
<br />Accounting Practices" published by the American Institute of Certified Public Accountants.
<br />17. Withdrawal of Board Funding. Anything else in this Agreement or otherwise to the
<br />contrary notwithstanding, the Board may withdraw, in whole or in part, the Grant and/or
<br />terminate this Agreement, and/or seek a refund of payments already made if the Board
<br />determines in its discretion that:
<br />a. facts have arisen or situations have occurred that fundamentally alter the expectations of
<br />the parties or make the purposes for the Grant as contemplated infeasible or impractical;
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