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EXHIBIT A
<br /> county commissioners of the county or counties in which the Project is located, as well as to
<br /> other appropriate public officials.
<br /> g. Grantee shall provide quality digital photographs(or printed photographs, if unable to
<br /> provide digital photographs) of the completed Project with the Final Report.
<br /> h. At no time shall Grantee represent in any manner to the public or to any party that it is
<br /> affiliated with GOCO or acting on behalf of GOCO.
<br /> 17. 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 /> 18. Audits and Accounting. Grantee shall maintain standard fmancial accounts,
<br /> documents, and records relating to the use,management, and operation of the Project. The
<br /> accounts, documents, and records related to the Project shall be retained by Grantee for not less
<br /> than five(5) years following the date of disbursement of funds under this Agreement. The
<br /> Board, or its designated agent, shall have the right,upon reasonable notice to Grantee, to audit
<br /> the books and records of Grantee which pertain to the Project and to the use and disposition of
<br /> the Grant. While Grantee is not required to use GAAP (Generally Accepted Accounting
<br /> Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the
<br /> required records hereunder.
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