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Resolution 2013-30
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Resolution 2013-30
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Last modified
2/28/2024 9:27:02 AM
Creation date
5/22/2013 8:54:52 AM
Metadata
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Template:
City Council Records
Also Known As (aka)
IGA CDOT_Davidson Mesa Underpass 2013
Doc Type
Resolution
Signed Date
5/21/2013
Ord/Res - Year
2013
Ord/Res - Number
30
Cross-Reference
DAVIDSON MESA UNDERPASS IGA - CDOT US 36 18907
Original Hardcopy Storage
7D6
Record Series Code
45.160
Record Series Name
Resolutions
Supplemental fields
Test
RES 2013-30
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statutes, §§ 24 -30 -1501, et seq., C.R.S., as now or hereafter amended. <br />Section 19. Severability <br />To the extent that this contract may be executed and performance of the obligations of the parties <br />may be accomplished within the intent of the contract, the terms of this contract are severable, and <br />should any term or provision hereof be declared invalid or become inoperative for any reason, such <br />invalidity or failure shall not affect the validity of any other term or provision hereof. <br />Section 20. Waiver <br />The waiver of any breach of a term, provision, or requirement of this contract shall not be construed <br />or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any <br />other term, provision or requirement. <br />Section 21. Entire Understanding <br />This contract is intended as the complete integration of all understandings between the parties. No <br />prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or <br />effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, <br />deletion, or other amendment hereto shall have any force or effect unless embodied in a writing <br />executed and approved pursuant to the State Fiscal Rules. <br />Section 22. Survival of Contract Terms <br />Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and <br />conditions of this contract and the exhibits and attachments hereto which may require continued <br />performance, compliance or effect beyond the termination date of the contract shall survive such <br />termination date and shall be enforceable by the State as provided herein in the event of such failure <br />to perform or comply by the Local Agency. <br />Section 23. Modification and Amendment <br />This contract is subject to such modifications as may be required by changes in federal or State law, <br />or their implementing regulations. Any such required modification shall automatically be <br />incorporated into and be part of this contract on the effective date of such change as if fully set forth <br />herein. Except as provided above, no modification of this contract shall be effective unless agreed to <br />in writing by both parties in an amendment to this contract that is properly executed and approved in <br />accordance with applicable law. <br />Section 24. Disputes <br />Except as otherwise provided in this contract, any dispute concerning a question of fact arising under <br />this contract which is not disposed of by agreement will be decided by the Chief Engineer of the <br />Department of Transportation. The decision of the Chief Engineer will be final and conclusive <br />unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local <br />Page 10 of 12 <br />
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