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• <br />� <br />Colorado Water Protective and Development Association <br />Attn: Joe Kelley, Interim Director <br />P.O. Box 604 <br />La Junta, CO 81050 <br />(719) 384-2754 <br />J. SPecia� PROVisioNS. State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract, including contracts for nonreimbursable <br />expenditures. <br />K. Order of Precedence. In the event of conflicts or inconsistencies between the <br />provisions of the Special Provisions set forth in Paragraph M the other provisions of <br />this contract, the provisions of Paragraph M. shall prevail. <br />L. Legal Authority. The Grantee warrants that is possesses the legal authority to <br />enter into this contract and has taken all actions required by its procedures, by-laws, <br />and/or applicable law to exercise that authority and to lawfully authorized its <br />undersigned signatory to execute this contract and to bind the Grantee to its terms. <br />M. Remedies. In addition to any other remedies provided in this contract, or available <br />at law or in equity, the State, upon ten (10) days prior written notice, may terminate <br />this contract and withhold payment to Grantee if the Grantee substantially fails to <br />fulfill its obligation under this contract. <br />(Not for Use with Inter-Governmental Contracts) <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 <br />the State of 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 <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br />made available. <br />3. INDEMNIFICATION. <br />The Grantee shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, liability and court awards including costs, <br />expenses, and attorney fees incurred as a result of any act or omission by the Grantee, <br />or its employees, agents, subcontractors, or assignees pursuant to the terms of this <br />contract. <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br />THE GRANTEE SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT <br />CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE GRANTEE NOR ANY <br />AGENT OR EMPLOYEE OF THE GRANTEE SHALL BE OR SHALL BE DEEMED TO <br />Grant Contract No. C150217 <br />Page 3 of 6 <br />