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~ disbursed to the BoRROwER and at the rate of 4.00% on the remaining $21,125 <br />disbursed to the BoRROwER." <br />c. The second line of Paragraph B.7 of the ORiGiNa~ CoNTRacr shall be amended to <br />read as follows: "$251,125, not to exceed 75% of the cost of the Project, at an <br />interest rate of 3.771 % per. .." <br />7. EXCept fOC the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, <br />or contradiction between the provisions of this Amendment and any of the provisions of <br />the ORIGINAL CONTRACT, as amended, the provisions of this Amendment shall in all <br />respects supersede, govern, and control. The SPECia~ PROVisioNS shall always be <br />controlling over other provisions in the contract or amendments. The representations <br />in the SPECia~ PROVtsioNS concerning the absence of bribery or corrupt influences and <br />personal interest of STATE employees are presently reaffirmed. <br />8. 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 />9. 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 />IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the <br />day first above written. <br />CONTRACTOR: Th@ Excelsior Irrigating <br />Company <br />By ~ ~ ~ <br />C. R. Evans, President <br />Federal ID Number: 84-1375446 <br />Attest (Seal) , <br />By ~C~t~t.~c. ~,~a..u,~ <br />Erin Evans, Corporate Secretary <br />CO-SIGNER: (., /~ ~ <br />C. R. Evans <br />State of Colorado <br />Bil Owens, Go er or <br />By <br />For the Exe tive D ector <br />Department of Natur Resources <br />Colorado Water Conservation Board <br />Dan McAuliffe, Acting Director <br />APPROVALS <br />KEN SALAZAR, ATTORNE GENERAL ARTHU L. BARN RT, STATE CONTROLLER <br />By B ~ c ~-i-..~ ~~rY ~ c~ <br />/ s~/,~- , r ~ _ <br />Effective Date /2~22-DD <br />The Excelsior Irrigating Company Page 3 of 3 Contract Amendment No. 1 <br />