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Lower Logan Well Users, Inc. <br /> Attn: Brad Stromberger, President <br /> P. O. Box 1065 <br /> Sterling, CO 80751 <br /> 970-522-6511 • <br /> J. SPECIAL PROVISIONS. State Fiscal Rule 3-1 requires the inclusion of these Special <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 /> (Not for Use with Inter-Governmental Contracts) <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 <br /> the 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 <br /> contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br /> made available. <br /> 3. INDEMNIFICATION. <br /> The Grantee shall indemnify, save, and hold harmless the State, its employees and <br /> agents, 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 Grantee, <br /> or its employees, agents, subcontractors, or assignees pursuant to the terms of this <br /> contract. <br /> 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> THE GRANTEE SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT <br /> CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE GRANTEE NOR ANY <br /> AGENT OR EMPLOYEE OF THE GRANTEE SHALL BE OR SHALL BE DEEMED TO <br /> Grant Contract No. C150198 <br /> Page 3 of 6 <br />