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account. During preparation of the cash fiow projection (included on Attachment 1 for reference) <br />it was acknowledged that there are several significant areas of uncertainty. The primary areas <br />are projecting inflation, return on investment, and accuratety estimating operation, maintenance <br />and replacement costs. During the life of the Improvements Account, the Parties will meet as <br />needed to evaluate actual values of Improvements expenses, return on investment, inflation, <br />and the adequacy of the Improvements Account. <br />Under this contract, the STATE will expend up to $1,250,000 for operation, maintenance and <br />replacement costs of the Improvements. The Parties agree that theAssoc�AT�oN shall only be <br />obligated to operate, maintain, and replace the Improvements to the extent set forth in this <br />contract, and then only to the extent that Improvements Grant funds are available under this <br />contract to reimburse the AssoctATioN for such operation, maintenance, and replacement costs. <br />If this contract is terminated and the unexpended Improvements Grant funds are returned to the <br />STATE (pursuant to Sections 4 and 5 of this contract), or if the Improvements Account is depleted <br />during the term of this contract, theAssociATioN shall thereafter have no further obligation to <br />operate, maintain, or replace the Improvements. <br />16. Books, records, and audits. Subject to the applicable State and Federal laws and <br />regulations, each Party shall have the right during office hours to examine and make copies of <br />the other Party's books and records relating to matters covered by this Contract. At the end of <br />each calendar year, the Parties to this Contract, individually or collectively, may examine or audit <br />the ASSOC�AT�oN books and records associated with this Contract. Such audits shall be made <br />by a qualified accountant, who is sufficiently independent from the parties associated with this <br />Contract, using generally accepted auditing standards and principles. The Party or Parties <br />requesting the audit shall be responsible for all associated audit costs. <br />17. No member or delegate to Congress or Resident Commissioner shall be admitted to any <br />share or part of this Contract or to any benefit that may arise herefrom, but this restriction shall <br />not be construed to extend to this Contract if made with a corporation or company for its general <br />benefit. <br />18. The expenditures or advance of any money or the performance of any obligation by the <br />United States under this contract shall be contingent upon the appropriation or allotment of <br />funds. Absence of appropriation or allotment of funds shall not relieve the Parties from any <br />obligations under this contract. No liability shall accrue to the United States, in case funds are <br />not appropriated or allotted. <br />19. The Parties agree that, because the Improvements are not a public work for theSTATE, <br />Special Provision 3 does not apply to this Contract. <br />SpECta� PROVis�oNS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE coniract, including grants. <br />Controller's Approval <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State <br />of Colorado or such assistant as he may designate. This provision is applicable to any contract <br />involving the payment of money by the STa,TE. <br />FUND AVAILABI�ITY <br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon <br />Page 8 of 11 <br />