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<br /> <br />d. Pursuant to section 11-57-209 of the Supplemental Act, if a member of the <br />BORROWER'S board, or any officer or agent of the BORROWER acts in good faith, no <br />civil. recourse shall be available against such member, officer, or agent for <br />payment of the principal, interest or prior redemption premiums on the Promissory <br />Note. Such recourse shall not be available either directly or indirectly through the <br />CWCB or the BORROWER, or otherwise, whether by virtue of any constitution, <br />statute, rule of law, enforcement of penalty, or otherwise. <br /> <br />13. Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Project <br />Summary, Section 1 for the BORROWER and to the address below for the CWCB: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />SPECIAL PROVISIONS (4/1/04 version). State Fiscal Rule 3-1 requires the inclusion of these. <br />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 <br />of 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 contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made availabh~. <br />3. INDEMNIFICATION. <br />To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the <br />State against any and all claims, damages, liability and court awards including costs, e!xpenses, <br />and 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 />No term or condition of this contract shall be construed or interpreted as a waiver, express or <br />implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of <br />the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal TClrt Claims <br />Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT <br />CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY <br />AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE <br />AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL <br />REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY <br />MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR <br />ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED <br />TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD <br />PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR <br />OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO <br />AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, <br />LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. <br /> <br />Page 9 of 11 <br />