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to this amendment as though they were expressly rewritten, incorporated, and included
<br />herein.
<br />3. It is agreed the original contract is and shall be modified, altered, and changed in the
<br />following respects only:
<br />a. Paragraph 4.1 is amended to read as follows: "This contract shall be effective upon
<br />approval by the Colorado State Controller, or designee, (the "Effective Date ") and
<br />extend through December 31, 2009. Performance of this contract shall commence as
<br />soon as practicable after the Effective Date and shall be undertaken and performed in
<br />the sequence and manner set forth in Exhibit A, Statement of Work."
<br />b. Paragraph 5.1 is amended to read as follows: "Payment of the grant award amount
<br />pursuant to this contract will be made as earned, in whole or in part, from available
<br />State funds encumbered in a maximum amount not to exceed $250,000 for the
<br />performance of the Services and acquisition of Goods required by this contract and
<br />Exhibit A, Statement of Work. Satisfactory performance under the terms of this
<br />contract shall be a condition precedent to the State's obligation to compensate
<br />Contractor."
<br />c. The original budget, attached to the original contract on page 6 of the Scope of Work,
<br />shall be replaced with the revised budget attached hereto as Table 1.
<br />d. The original schedule, attached to the original contract on page 5 of the Scope of Work,
<br />shall be replaced with the revised schedule attached hereto as Table 2.
<br />4. The effective date of this amendment is upon approval of the State Controller.
<br />5. Except for the "Special Provisions," in the event of any conflict, inconsistency, variance, or
<br />contradiction between the provisions of this amendment and any of the provisions of the
<br />original contract, the provisions of this amendment shall in all respects supersede, govern,
<br />and control. The "Special Provisions" shall always be controlling over other provisions in the
<br />contract or amendments. The representations in the Special Provisions concerning the
<br />absence of bribery or corrupt influences and personal interest of State employees are
<br />presently reaffirmed.
<br />6. Indemnification. Contractor shall indemnify, save, and hold harmless the State, its
<br />employees and agents, against any and all claims, damages, liability and court awards
<br />including costs, expenses, and attorney fees and related costs, incurred as a result of any act
<br />or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to
<br />the terms of this contract.
<br />[Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall
<br />be construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
<br />benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS
<br />24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as
<br />now or hereafter amended.
<br />7. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FIS-
<br />CAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPRO-
<br />PRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE.
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