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<br />f. Amended Limited Personal Guarantee, attached hereto as Appendix G and <br />incorporated herein, which shall supplement and operate in conjunction with the <br />Limited Personal Guarantee dated January 1, 2005, attached to the ORIGINAL <br />CONTRACT as Appendix 6. <br />7. The CWCB agrees that it shall release JGMAC Investments Group, LLC, a Colorado <br />limited liability company, from any and all obligations established pursuant to the Limited <br />Personal Guarantee, Appendix 6 to the ORIGINAL CONTRACT. <br />8. Robert V. Sanderson, a Colorado individual, henceforth assumes all obligations <br />previously held by JGMAC Investments Group, LLC under the ORIGINAL CONTRACT by <br />execution of the Amended Limited Personal Guarantee attached as Appendix G to this <br />amendment. <br /> <br />7. The parties agree that the ORIGINAL CONTRACT, is and shall be modified, altered, and <br />changed in the following respects only: <br />Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or <br />contradiction between the provisions of this Amendment and any of the provisions of the <br />ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede, <br />govern, and control. The SPECIAL PROVISIONS shall always be controlling over other <br />provisions in the contract or amendments. The representations in the SPECIAL PROVISIONS <br />concerning the absence of bribery or corrupt influences and personal interest of STATE <br />employees are presently reaffirmed. <br />SPECIAL PROVISIONS (8/1/05 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 the <br />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 made <br />available. <br /> <br />3. INDEMNIFICATION. <br /> <br />The Contractor 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 Contractor, or <br />its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT <br />CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY <br /> <br />Loan Contract C150191 Amendment No.1 <br />Page 3 of6 <br />