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<br />BORROWER shall remain responsible for the full loan amount outstanding regardless of the <br />amount of such insurance proceeds or condemnation award. <br /> <br />10. 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 /> <br />11. CWCS'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 shall be solely responsible <br />for the accuracy and completeness of such documents. <br /> <br />12, 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 /> <br />13. Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall be delivered or mailed to the addresses shown in the Section 1 (Borrower <br />Information) of the Project Summary, for the BORROWER and to the address below for the <br />CWCB: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />14. Additional Contract Requirements. Any additional contract requirements are shown in <br />Additional Contract Requirement (Section 9) of the Project Summary. <br /> <br />SPECIAL PROVISIONS (12/01 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including contracts for nonreimbursable <br />expenditures. <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 State <br />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 contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> <br />3. INDEMNIFICATION. <br /> <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 /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND <br /> <br />Tilton Lateral,lnc, <br /> <br />Page 7 of 9 <br /> <br />Loan Contract <br /> <br />