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Performance, is revised to read as follows PROJECT FIt11Sh December 31, 2012. <br />6. EXCept fOf the SPECIAL PROVISIONS in the event of any conflict, inconsistency, variance, <br />or contradiction between the provisions of this Amendment and any of the provisions of <br />the 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 />SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and <br />personal interest of STa,TE employees are presently reaffirmed. <br />7. Financial obligations of the state payable after the current fiscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br />8. 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 />9. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, <br />its employees and agents, against any and all claims, damages, liability and court <br />awards including costs, expenses, and attorney fees and related costs, incurred as a <br />result of any act or omission by Contractor, or its employees, agents, subcontractors, <br />or assignees pursuant to the terms of this contract. <br />�Applicable Only to Intergovernmental Contracts] No term or condition of this <br />contract shall be construed or interpreted as a waiver, express or implied, of any of <br />the immunities, rights, benefits, protection, or other provisions, of the Colorado <br />Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, <br />28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. <br />[The rest of this page is intentionally left blank.] <br />Page 2 of 5 <br />