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various other technical and legal documents. The CWCB's review of these documents is only for <br />the purpose of verifying BoRROwER's compliance with this contract and shall not be construed or <br />interpreted as a technical review or approval of the actual design or construction of the PRO~ECT. <br />Nofinrithstanding any consents or approvals given to the BoRROwER by the CWCB on any such <br />documents, BoRROwER and its ENGINEER, by preparing any such documents, shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br />12. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of <br />any other term, or of any subsequent breach of the same term. <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 Project Summary, Section 1 <br />for the Borrower and to the address below for the CWCB: <br />CWCB Water Supply Planning & Finance Section <br />1580 Logan Street, Suite 750 <br />Denver, CO 80203 <br />14. Additional Contract Requirements. Any dditional contract requirements are shown in <br />Section 5, Additional Contract Req t t Project Summary. <br />SPECIAL PROVISIONS (12/01 version). e' iscal Rule 1 requires the inclusion of these Special <br />PrOViSiOnS in every STATE ContraCt, i u~ ~ e term "Contractor" in this section means <br />BORROWER. ~~ °- <br />1. CONTROLLER'S APPROVAL. CR3 4- 0-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado <br />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 upon funds <br />for that purpose being appropriated, budgeted, and otherwise made available. <br />3. INDEMNIFICATION. <br />Indemnity: 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, expenses, and <br />attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, <br />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 implied, of <br />any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado <br />Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et <br />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 CONTRACTOR AND NOT AS AN <br />EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR <br />SHALL BE DEEMED TO BE 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 MONIES PAID BY THE STATE <br />PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE <br />NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR TH~RD PARTY PROVIDES <br />SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. <br />CONTRACTOR SHALL HAVE NO AUTHORIZ4TION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, <br />LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND <br />KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY <br />THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE <br />SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. <br />Page 8 of 9 <br />