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loan has been repaid, shall be retained by the BoRROwER. If the net insurance <br />proceeds are insufficient to pay the full cost of the replacement, repair and <br />restoration, the BoRROwER shall complete the work and pay any cost in excess of the <br />net proceeds. In the event BoRROwER chooses to repay the loan BORROWER Shall <br />remain responsible for the full loan amount outstanding regardless of the amount of <br />such insurance proceeds or condemnation award. <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 terms or <br />provisions contracted herein. <br />10. CWCB's Approval. This contract requires review and approval of plans, <br />specifications, and various other technical and legal documents. The CWCB's review <br />of these documents is only for the purpose of verifying BoRROwER's compliance with <br />this contract and shall not be construed or interpreted as a technical review or <br />approval of the actual design or construction of the PRO�ECT. Notwithstanding any <br />consents or approvals given to the BORROWER by th2 CWCB on any such <br />documents, BoRROwER and any of its consultants, by preparing any such documents, <br />shall. be solely responsible for the accuracy and completeness of any of said <br />documents. <br />11. Waiver. The waiver of any breach of a term of this contract shall not be construed as <br />a waiver of any other term, or of any subsequent breach of the same term. <br />12.Addresses for mailing. All notices, correspondence, or other documents required <br />by this contraet shall be deliveFed or mailed to the addresses shown in the Section 1 <br />(BORROWER Information) of the Project Summary, for the BORROWER afld t0 th2 <br />address below for the CWCB: <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />SPECIAL PROVISIONS (4/1/04 V2PS1011� State Fiscal Rule 3-1 requires the inclusion of <br />these Special 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 of <br />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 <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br />3. INDEMNIFICATION. <br />To the extent authorized by law the BORROWER shal) indemnify save, and hold harmless the <br />State, its employees and agents, against any and all claims, damages, liability and court <br />Page 8 of 10 <br />