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Great Outdoors Colorado Planning Grant Agreement
<br /> 12. 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 /> 13. Withdrawal of Board Funding. The Board may withdraw its approval of funding to the
<br /> Grantee and cease funding of the Project if, in its sole discretion, it determines conditions have
<br /> occurred which fundamentally change the expectations of the Parties or which make the grant
<br /> infeasible or impractical.
<br /> 14. Grantee's Inability to Complete Project. If the Grantee determines with reasonable
<br /> probability that the Project will not or cannot be completed as reflected in the Project
<br /> Application or subsequently approved Work Plan the Grantee will promptly so advise the Board,
<br /> and cooperate in good faith with respect to alternative solutions to the problem before any further
<br /> funds are advanced.
<br /> 15. Governmental Immunity. The following provision applies to the Board and may apply to
<br /> the Grantee if the Grantee qualifies for protection under the Colorado Governmental Immunity
<br /> Act, C.R.S. §24 -10 -101 et seq "CGIA Notwithstanding any other provision of this
<br /> Agreement to the contrary, no term or condition of this Agreement shall be construed or
<br /> interpreted as a waiver, either express or implied, by any Party to this Agreement, of any of the
<br /> immunities, rights, benefits, or protection provided under the CGIA, as amended or as may be
<br /> amended (including, without limitation, any amendments to such statute, or under any similar
<br /> statute which is subsequently enacted). The Parties agree that no provision of this Agreement
<br /> shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability
<br /> of any Party to this Agreement.
<br /> 16. Liability. To the extent permitted by law, Grantee shall be responsible for, indemnify,
<br /> and hold harmless the Board, its officers, agents, and employees from any and all liabilities,
<br /> claims, demands, damages, or costs resulting from, growing out of, or in any way connected with
<br /> or incident to this Agreement, except for the gross negligence or willful and wanton conduct of
<br /> the Board, its officers, agents, or employees. Grantee hereby waives any and all rights to any
<br /> type of express or implied indemnity or right of contribution from the State of Colorado, the
<br /> Board, its officers, agents, or employees for any liability resulting from, growing out of, or in
<br /> any way connected with or incident to this Agreement.
<br /> 17. Assignment. Grantee may not assign its rights under this Agreement without the written
<br /> consent of the Board.
<br /> 18. Good Faith. There is an obligation of good faith on the part of the Parties, including the
<br /> obligation to make timely communication of information which may reasonably be believed to
<br /> be of interest to the other Party.
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