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LPPD000240
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LPPD000240
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Last modified
3/7/2013 4:22:48 PM
Creation date
3/26/2007 10:12:23 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C150177
Contractor Name
Smart Brothers, Inc.
Contract Type
Loan
Water District
64
County
Logan
Loan Projects - Doc Type
Contract Documents
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<br />this contract shall be delivered or mailed to the addresses shown in the Section 1 <br />(BORROWER Information) of the Project Summary, for the BORROWER and to the <br />address below for the CWCB: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman 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 />The BORROWER shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, liability and court awards including costs, <br />expenses, and attorney fees incurred as a result of any act or omission by the <br />BORROWER, or its employees, agents, subcontractors, or assignees pursuant to the terms <br />of this contract, or as a result of the CWCB's interest in the PROJECT facilities and any <br />other property identified in Section 6 (Collateral) of the Project Summary. <br /> <br />4. NON-DISCRIMINATION. <br /> <br />The BORROWER agrees to comply with the letter and the spirit of all applicable state and <br />federal laws respecting discrimination and unfair employment practices. <br /> <br />5. CHOICE OF LAW. <br /> <br />The laws of the State of Colorado and rules and regulations issued pursuant thereto shall <br />be applied in the interpretation, execution, and enforcement of this contract. Any <br />provision of this contract, whether or not incorporated herein by reference, which <br />provides for arbitration by any extra-judicial body or person or which is otherwise in <br />conflict with said laws, rules, and regulations shall be considered null and void. Nothing <br />contained in any provision incorporated herein by reference which purports to negate this <br />or any other special provision in whole or in part shall be valid or enforceable or available <br />in any action at law whether by way of complaint, defense, or otherwise. Any provision <br />rendered null and void by the operation of this provision will not invalidate the remainder <br />of this contract to the extent that the contract is capable of execution. <br /> <br />At all times during the performance of this contract, the Borrower shall strictly adhere to <br />all applicable federal and State laws, rules, and regulations that have been or may <br />hereafter be established. <br /> <br />6. VENDOR OFFSET. CRS 24-30-202 (1) & CRS 24-30-202.4 <br /> <br />Page 8 of 10 <br />
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