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<br />22. Waiver. The waiver of any breach of a term of this contract shall not bel construed as
<br />a w~iver of any other term, or of any subsequent breach of thE3 same term.
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<br />23. Add~esses For Mailing. All notices, correspondence, or other docum1ents required
<br />by t~is contract shall be delivered or mailed to the following addresses:
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<br />!Tor the STATE: For the BORROWER:
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<br />Colorado Water Conservation Board Colorado Water Protective and
<br />1'313 Sherman Street, Room 721 Development Association
<br />lJ)enver, CO 80203 PO Box 604
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<br />Attn.: Construction Fund Section La Junta, CO 81050
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<br />Special, Provisions (1997 version)
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<br />1. Con'troller's approval. This contract shall not be deemed valid until it shall have
<br />beer!1 approved by the Controller of the State of Colorado or such assistant as he
<br />~ay; designate. This provision is applicable to any contract involving th11e payment of
<br />mo~ey by the STATE. I
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<br />2. Fund availability. Financial obligations of the State of Colorado payable after the
<br />current fiscal year are contingent upon funds for that purpose being ~ppropriated,
<br />budgeted, and otherwise made available. I
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<br />3. Bon:d requirement. If this contract involves the payment of mdre than fifty
<br />thou:sand dollars for the construction, erection, repair, maintenance, or !improvement
<br />of any building, road, bridge, viaduct, tunnel, excavation or other public work for this
<br />STAtE, the CONTRACTOR shall, before entering upon the performancel of any such
<br />wor~ included in this contract, duly execute and deliver to the STATE official who will
<br />sign: the contract, a good and sufficient bond or other acceptable surety to be
<br />approved by saic;l official in a penal sum not less than one-half of the total amount
<br />pay4b1e by the terms of this contract. Such bond shall be duly e~ecuted by a
<br />qual,ified corporate surety conditioned upon the faithful performance of the contract
<br />and i in addition, shall provide that if the CONTRACTOR or his subcontractors fail to
<br />duly; pay for any labor, materials, team hire, sustenance, provisions, Iprovendor or
<br />oth~r supplies used or consumed by such CONTRACTOR or his sut:>contractor in
<br />perf~rmance of the work contracted to be done or fails to pay anYI1 person who
<br />supplies rental machinery, tools, or equipment in the prosecution of the work the
<br />sure~y will pay the same in an amount not exceeding the sum specified in the bond,
<br />toge~her with interest at the rate of eight per cent per annum. Unless ISUCh bond is
<br />executed, delivered and filed, no claim in favor of the CONTRACTOR arising under
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<br />suc~ contract shall be audited, allowed or paid. A certified or cashiefJ's check or a
<br />ban~ money order payable to the Treasurer of the State of Coloqado may be
<br />accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-106.
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<br />4. IndJmnification. To the extent authorized by law, the CONTRACTOR sh!all indemnify,
<br />save, and hold harmless the STATE, its employees and agents, against any and all
<br />claims, damages, liability and court awards including costs, expenses,1 and attorney
<br />fees! incurred as a result of any act or omission by the CONTRACTOR, or its
<br />empJoyees, agents, subcontractors, or assignees pursuant to the terms of this
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<br />Feasibility Report Loan Contract
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<br />Page 7 of 11
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