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� • a. Promissory Note, attached as Appendix A and incorporated herein, which shall replace and supersede the Promissory Note in the amount of $4,454,100 dated December 1, 2008, attached to the CoNTRacT Amendment No. 1 as Appendix B. b. Amended Security Agreement, attached hereto as Appendix B and incorporated herein, which shall supplement and operate in conjunction with the Security Agreement dated March 7, 2008, and amended December 1, 2008, attached to th2 ORIGINAL CONTRACT aS App@IIdIX 4. 4. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede, govern, and control. The SPECia� PROVisioNS shall always be controlling over other provisions in the contract or amendments. The representations in the SPECia� PROVisioNS concerning the absence of bribery or corrupt influences and personal interest of STaTE employees are presently reaffirmed. 5. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. �Applicab/e Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. [The rest of this page is intentionally left blank.] Loan Contract C150259 Amendment No. 2 Page 2 of 5