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2. The parties expressly agree that this Amendment is supplemental to the ORi�iNa� <br />CoNTRacT and all terms, conditions, afld p�OVIS1011S Of th2 ORIGINAL CONTRACT, unless <br />specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br />3. The BoRROwER a'grees that it shall execute the following document, which shall set <br />forth the revised terms of the first two interest-only annual payments of $2,840,625.00 <br />and the remaining 28 annual payments of $4,415,876.87: <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $75,750,000 dated <br />November 20, 2007, attaChed t0 the ORIGINAL CONTRACT aS App2tldlX 2. <br />5. Except for the SPECia� PROVisioNS, in the event of any conflict, inconsistency, variance, <br />or contradiction befinreen the provisions of this Amendment and any of the provisions <br />Of th@ ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects <br />supersede, govern, and control. The SPECia� PROVisioNS shall always be controlling <br />over other provisions in the contract or amendments. The representations in the <br />SPECia� PROVisioNS concerning the absence of bribery or corrupt influences and <br />personal interest of STaTE employees are presently reaffirmed. <br />6. Financial obligations of the stafe payable after the current fiscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br />7. This amendment shall not be deemed valid or effective until it shall have been <br />approved by the controller of the State of Colorado or such assistant as he may <br />designate. <br />SPECIAL PROVISIONS <br />These Special Provisions apply to all contracts except where noted in italics. <br />1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been <br />approved by the Colorado State Controller or designee. <br />2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the <br />current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and <br />otherwise made available. <br />3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted <br />as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, <br />of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 <br />U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. <br />4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent <br />contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shatl be <br />deemed to be an agent or employee of the State. Contractor and its employees and agents are not <br />entitled to unemployment insurance or workers compensation benefits through the State and the State <br />shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. <br />Page 2 of 5 <br />