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remaining after such work has been completed or this loan has been repaid, shall be <br /> retained by the BORROWER. If the net insurance proceeds are insufficient to pay the full cost <br /> of the replacement, repair and restoration, the BORROWER shall complete the work and pay <br /> any cost in excess of the net proceeds. In the event BORROWER chooses to repay the loan, <br /> BORROWER shall remain responsible for the full loan amount outstanding regardless of the <br /> amount of such insurance proceeds or condemnation award. <br /> 9. Captions. The captions and headings contained in this contract are for convenience and <br /> reference only and shall not be construed so as to define or limit the terms or provisions <br /> contracted herein. <br /> 10. CWCB's Approval. This contract requires review and approval of plans, specifications, and <br /> various other technical and legal documents. The CWCB's review of these documents is <br /> only for the purpose of verifying BORROWER'S compliance with this contract and shall not be <br /> construed or interpreted as a technical review or approval of the actual design or <br /> construction of the PROJECT. Notwithstanding any consents or approvals given to the <br /> BORROWER by the CWCB on any such documents, BORROWER and any of its consultants, <br /> by preparing any such documents, shall be solely responsible for the accuracy and <br /> completeness of any of said documents. <br /> 11.Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br /> waiver of any other term, or of any subsequent breach of the same term. <br /> 12. Addresses for mailing. All notices, correspondence, or other documents required by this <br /> contract shall be delivered or mailed to the addresses shown in the Section 1 (BORROWER <br /> Information) of the Project Summary, for the BORROWER and to the address below for the <br /> CWCB: �`' ' - ' <br /> Colorado Water Conservation Board <br /> Attn: Construction Fund Sectionpi T. <br /> 1313 Sherman Street, Room 721 <br /> Denver, CO 80203 <br /> SPECIAL PROVISIONS (7/03 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br /> 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 State <br /> 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 /> The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, <br /> against any and all claims, damages, liability and court awards including costs, expenses, and <br /> attorney fees incurred as a result of any act or omission by the Contractor, or its employees, <br /> agents, subcontractors, or assignees pursuant to the terms of this contract. <br /> 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND <br /> NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE <br /> CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. <br /> CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL <br /> HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR <br /> Page 7 of 9 <br />