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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 South Platte Water Conservancy District <br /> Attn: Joe Frank, General Manager <br /> 100 Broadway Plaza, Suite 12 <br /> Sterling, CO 80751 <br /> (970) 522-1378 <br /> 3-1 requires the inclusion of these S <br /> J. SPECIAL PROVISIONS. State Fiscal Rule 3 Special <br /> q p <br /> Provisions in every STATE contract, including contracts for nonreimbursable <br /> expenditures. <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 and withhold payment to Grantee if the Grantee substantially fails to <br /> fulfill its obligation under this contract. <br /> SPECIAL PROVISIONS (8/1/05 version). 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 harmless the <br /> State against any and all claims, damages, 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 contract. <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. C150214 <br /> Page 3 of 6 <br />