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Special Provision 9. Software Piracy Prohibition Governor's Executive Order No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions, The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 7, Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be controlling over other provisions in the contract or amendments. The representations in the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and personal interest of STATE employees are presently reaffirmed. 8. This amendment shall not be deemed valid or effective until the controller of the State of Colorado, or such assistant as he may designate, shall have approved it. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above written. BORROWER: Lower Arkansas Water Management Association, a Colorado nonprofit C rporation State of Colorado Bill Owens, Governor By ~a~ For th Executive Director Department of Natural Resources Colorado Water Conservation Board Rod Kuharich, Director By . . YVHIi~mJ. q, smick, President \1" ,'F..., ,:' .F~(;ieral' rD:Ny i'!Jbe.r:<84-0637 532 ...' '~,j "'. . . -.if':. / ,"'~O R~~(O':faAtE'" . I'. - '~"" - Q. . ~ ., E A: ...- . ". :'0 ." ~ b A. .:r~~. tt~st . ,.- . . ., . /) , ..1.. '.-. " ",\. i... 'L ry Legal Review: ~~~ENERAL By AL L CONTRACTS MUST BE APPROVED BYTHE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: Arthur L. Barnhart ~~Q LI-~(~~J Dr,) Effective Date .E; 0 Di Page 3 of 3