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set forth the revised loan amount of $172,332.71:
<br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall
<br />replace and supersede the Promissory Note in the amount of $607,200 dated
<br />August 18, 2005, attached to the ORIGINAL CONTRACT as Appendix 2.
<br />b. Amended Security Agreement, attached hereto as Appendix B and incorporated
<br />herein, which shall supplement and operate in conjunction with the Security
<br />Agreement dated August 18, 2005, attached to the ORIGINAL CONTRACT as
<br />Appendix 4.
<br />c. Amended Deed of Trust, attached hereto as Appendix C and incorporated herein,
<br />which shall supplement and operate in conjunction with the Deed of Trust dated
<br />August 9 8, 2005, attached to the ORi~irva~ CoNTRa,cT as Appendix 5.
<br />4. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency,
<br />variance, or contradiction between the provisions of this Amendment and any of the
<br />pt'OVISI011S Of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all
<br />respects supersede, govern, and control. The SPECia~ PROVisiorvs shall always be
<br />controlling over other provisions in the contract or amendments. The representations
<br />in the SPFCia~ PROVisiorvs concerning the absence of bribery or corrupt influences and
<br />personal interest of STaTE employees are presently reaffirmed.
<br />5. Financial obligations of the state payable after the current fiscal year are contingent
<br />upon funds for that purpose being appropriated, budgeted, and otherwise made
<br />available.
<br />6. This amendment shall not be deemed valid or effective until it shall have been
<br />approved by the controller of the State of Colorado or such assistant as he may
<br />designate.
<br />7. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State,
<br />its employees and agents, against any and all claims, damages, liability and court
<br />awards including costs, expenses, and attorney fees and related costs, incurred as
<br />a result of any act or omission by Contractor, or its employees, agents,
<br />subcontractors, or assignees pursuant to the terms of this contract.
<br />~Applicable Only to Intergovernmental Contracts] No term or condition of this
<br />contract shall be construed or interpreted as a waiver, express or implied, of any of
<br />the immunities, rights, benefits, protection, or other provisions, of the Colorado
<br />Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act,
<br />28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
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