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<br />condemnation award. <br /> <br />9. Captions. The captions and headings contained in this contract are for convenience <br />and reference only and shall not be construed so as to define or limit the tenns or <br />provisions contracted herein. . <br /> <br />10. CWCS's Approval. This contract requires review and approval of plans, specifications, <br />and various other technical and legal documents. The CWCB's review of these <br />documents is only for the purpose of verifying BORROWER'S compliance with this <br />contract and shall not be construed or interpreted as a technical review or approval of <br />the actual design or construction of the PROJECT. Notwithstanding any consents or <br />approvals given to the BORROWER by the CWCB on any such documents, BORROWER <br />and any of its consultants, by preparing any such documents, shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br /> <br />11. Waiver. The waiver of any breach of a tenn of this contract shall not be construed as a <br />waiver of any other term or of any subsequent breach of the same term. <br /> <br />12. Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Project <br />Summary, Section 1 for the BORROWER and to the address below for the CWCB: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Shennan Street, Room 721 <br />Denver, CO 80203 <br /> <br />SPECIAL PROVISIONS (4/1/04 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants. <br /> <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> <br />This contract shall not be deemed valid until it has been approved by the Controller of <br />the State of Colorado or such assistant as he may designate. <br /> <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> <br />Financial obligations of the State of Colorado payable after the current fiscal year are <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br />made available. <br /> <br />3. INDEMNIFICATION. <br /> <br />To the extent authorized by law, the BORROWER shall indemnify, save, and hold hannless <br />the State, its employees and agents, against any and all claims, damages, liability and <br />court awards including costs, expenses, and attorney fees incurred as a result of any act <br />or omission by the BORROWER, or its employees, agents, subcontractors, or assignees <br />pursuant to the terms of this contract, or as a result of the CWCB's interest in the <br />PROJECT facilities and any other property identified in Section 6 (Collateral) of the Project <br />Summary. <br /> <br />Page 8 of 10 <br />