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2. The parties expressly agree that this Amendment is suppleme • h- ORIGINAL <br /> CONTRACT and all terms, conditions, and provisions of the ORIGI c ss <br /> specifically modified herein, are to apply to this Amen nt as t • • -4 re <br /> expressly rewritten, incorporated, and included herein. <br /> 3. The BORROWER agrees that it shall execute the followin me, p c II set <br /> forth the revised terms of the first two interest-only annual payme -*f , 2 <br /> and the remaining 28 annual payments of$4,415,876.87: <br /> a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br /> replace and supersede the Promissory Note in the amount of $75,750,000 dated <br /> November 20, 2007, attached to the ORIGINAL CONTRACT as Appendix 2. <br /> 5. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, <br /> or contradiction between the provisions of this Amendment and any of the provisions <br /> of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects <br /> supersede, govern, and control. The SPECIAL PROVISIONS shall always be controlling <br /> over other provisions in the contract or amendments. The representations in the <br /> SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and <br /> personal interest of STATE employees are presently reaffirmed. <br /> 6. Financial obligations of the state payable after the current fiscal year are contingent <br /> upon funds for that purpose being appropriated, budgeted, and otherwise made <br /> available. <br /> 7. This amendment shall not be deemed valid or effective until it shall have been <br /> approved by the controller of the State of Colorado or such assistant as he may <br /> designate. <br /> SPECIAL PROVISIONS <br /> These Special Provisions apply to all contracts except where noted in italics. <br /> 1.CONTROLLER'S APPROVAL. CRS§24-30-202(1). This contract shall not be valid until it has been <br /> approved by the Colorado State Controller or designee. <br /> 2. FUND AVAILABILITY. CRS§24-30-202(5.5). Financial obligations of the State payable after the <br /> current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,and <br /> otherwise made available. <br /> 3.GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted <br /> as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, <br /> of the Colorado Governmental Immunity Act, CRS§24-10-101 et seq., or the Federal Tort Claims Act,28 <br /> U.S.C. §§1346(b)and 2671 et seq., as applicable now or hereafter amended. <br /> 4.INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent <br /> contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be <br /> deemed to be an agent or employee of the State. Contractor and its employees and agents are not <br /> entitled to unemployment insurance or workers compensation benefits through the State and the State <br /> shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. <br /> Page 2 of 5 <br />