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Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Lower Arkansas Valiey Water Conservancy District <br />Attn: R. Jay Winner, General Manager <br />801 Swink Avenue <br />Rocky Ford, CO 81067 <br />719-254-5115 <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 />expend itu res. <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 Sfiate, 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 />SPECIAL PROVISIONS (8/1/05 Vel"SIOC1� State Fiscal Rule 3-1 requires the inclusion of <br />these Special Provisions in every STaTE 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 <br />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 contingent <br />upon 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 harniless the <br />State against any and all claims, dama:ges, liability and court awards including costs, <br />expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or <br />its employees, agents, subcontractors, or assignees pursuant to the terms of this contxact. <br />No term or condition of this contract shall be construed or interpreted as a waiver, express or <br />implied, of any of the immunities, rights, benefits, protection, or other provisions for the <br />Grant Contract No. C150212 <br />Page 3 of 6 <br />