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Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Prewitt Operating Committee <br />Attn: James T. Yahn, Manager <br />P. O. Box 333 <br />Sterling, CO 80751-0333 <br />(970) 522-2025 <br />J. SPECIAL PROVISIONS. <br />Provisions in every <br />expenditures. <br />State Fiscal Rule 3-1 requires the inclusion of these Special <br />STATE contract, including contracts for nonreimbursable <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 an� withhold payment to Grantee if the Grantee substantially fails to <br />fulfill its obliaati n under this contract. <br />SPECia� PROVisioN (8/1 /05 version). State Fiscal Rule 3-1 requires the inclusion of <br />these Special Pro sions in every STaTE contract, including grants. <br />1. CONTROLL R'S APPROVAL. CRS 24-30-202 (1) <br />This contract shall ot be deemed valid until it has been approved by the Controller of <br />the State of Colora o or such assistant as he may designate. <br />2. FUND AVAIL�ABILITY. CRS 24-30-202 (5.5) <br />Financial obligation of the State of Colorado payable after the current fiscal year are <br />contingent upon fu ds for that purpose being appropriated, budgeted, and otherwise <br />made available. <br />3. INDEMNIFI ATION. <br />The Grantee shall indemnify, save, and hold harmless the State, its employees and <br />agents, against an and all claims, damages, liability and court awards including costs, <br />expenses, and atto ney fees incurred as a result of any act or omission by the Grantee, <br />or its employees, gents, subcontractors, or assignees pursuant to the terms of this <br />contract. <br />4. INDEPEND�NT CONTRACTOR. 4 CCR 801-2 <br />Grant Contract No. C150213 <br />Page 3 of 6 <br />