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~ ~ <br />loan amount outstanding regardless of the amount of such insurance proceeds or <br />condemnation award. <br />9. Captions. The captions and headings contained in this contract are for convenience <br />and reference only and shall not be construed so as to define or limit the terms or <br />provisions contracted herein. <br />io. CWCB's Approval. This contract requires review and approval of plans, specifications, <br />and various other technical and legal documents. The CWCB's review of these <br />documents is only for the purpose of verifying BoRROwER's compliance with this <br />contract and shall not be constrved or interpreted as a technical review or approval of <br />the actual design or construction of the PRO~ECT. Notwithstanding any consents or <br />approvals given to the BoRROwER by the CWCB on any such documents, BORROWER <br />and any of its consultants, by preparing any such documents, shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br />i i. 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 />i2. Addresses for mailing. All notices, correspondence, or o er docu ents equired by <br />this contract shall be delivered or mailed to the addre es show in e Project <br />Summary, Section 1 for the BoRROwER an address low for t CB: <br />Colorado Water Conse tion oard <br />Attn: Construction Fund ti n <br />1313 Sherman Street, Roo 21 <br />Denver, CO 80203 <br />SPECIAL PROVISIONS (8/1/05 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STa,TE 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 of <br />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 upon <br />funds for that purpose being appropriated, budgeted, and otherwise made available. <br />3. INDEMNIFICATION. <br />To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State <br />against any and all claims, damages, liability and court awards including costs, expenses, and attorney <br />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, <br />of 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 />Page 8 of 10 <br />