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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 Arkansas Valley Water Conservancy District <br /> Attn: R. Jay Winner, General Manager <br /> 801 Swink Avenue <br /> Rocky Ford, CO 81067 <br /> 719-254-5115 <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 /> 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. C150212 <br /> Page 3 of 6 <br />