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<br />condemnation award to be applied to the prompt replacement, repair and restoration of the <br />PROJECT facilities or any portion thereof, or to repayment of this loan. Any net proceeds <br />remaining after such work has been completed or this loan has been repaid, shall be <br />retained by the BORROWER. If the net insurance proceeds are insufficient to pay the full cost <br />of the replacement, repair and restoration, the BORROWER shall complete the work and pay <br />any cost in excess of the net proceeds. In the event BORROWER chooses to repay the loan, <br />BORROWER shall remain responsible for the full loan amount outstanding regardless of the <br />amount of such insurance proceeds or condemnation award. <br />9. Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br />10: CWCB's Approval. This contract requires review and approval of plans, specifications, and <br />various other technical and legal documents. The CWCB's review of these documents is <br />only for the purpose of verifying BORROWER'S compliance with this contract and shall not be <br />construed or interpreted as a technical review or approval of the actual design or <br />construction of the PROJECT. Notwithstanding any consents or approvals given to the <br />BORROWER by the CWCB on any such documents, BORROWER and any of its consultants, <br />by preparing any such documents, shall be solely responsible for the accuracy and <br />completeness of any of said documents. <br />11. Waiver. The waiver of any breach of a term 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 />12. Addresses for mailing. All notices, correspondence, or er documents required by this <br />contract shall be delivered or mailed to the addresses sh 'AitI~tion 1 (BORROWER <br />Information) of the Project Summary, for the BORROWER .. ~ress below for the <br />CWCB: IN <br />Colorado Water Conservation Board FULL' <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />SPECIAL PROVISIONS (7/03 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract, including grants. <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of the State <br />of Colorado or such assistant as he may designate. <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br />Financial obligations of the State of Colorado payable after the current fiscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made available. <br />3. INDEMNIFICATION. <br />The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, <br />against any and all claims, damages, liability and court awards including costs, expenses, and <br />attorney fees incurred as a result of any act or omission by the Contractor, or its employees, <br />agents, subcontractors, or assignees pursuant to the terms of this contract. <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND <br />NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE <br />CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. <br /> <br />Page 7 of 9 <br />