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28. Publicity. No party will(a)use any other party's proprietary indicia,trademarks, <br /> service marks,trade names, logos,symbols,or brand names,or(b)otherwise refer to or identify <br /> any other party in advertising,publicity releases,or promotional or marketing publications,or <br /> correspondence to third parties without,in each case, securing the prior written consent of such <br /> other party. <br /> 29. Governmental Immunity. No term or condition of this Escrow Agreement shall <br /> be construed or interpreted as a waiver,express or implied,of any of the immunities,rights, <br /> benefits,protections, or other provisions,of the Colorado Governmental Immunity Act, Section <br /> 24-10-101,C.R.S.et seq.,or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671 et seq., <br /> as applicable now or hereafter amended. <br /> 30. CORA Disclosure. This Section shall apply only when the Depositor is State of <br /> Colorado or a political subdivision of the State. To the extent not prohibited by federal law,this <br /> Escrow Agreement and the performance measures and standards under Section 24-103.5-101, <br /> C.R.S.,if any,are subject to public release by the Depositor through the Colorado Open Records <br /> Act, Section 24-72-101, C.R.S.,et seq. <br /> 31. Fund Availability. This Section shall apply only when the State of Colorado is a <br /> party to the Escrow Agreement and in the event of conflicts or inconsistences between this <br /> provision and the rest of the Escrow Agreement,such conflicts or inconsistencies shall be <br /> resolved by application of this provision first. Financial obligations of the State of Colorado <br /> payable after the current fiscal year are contingent upon funds for that purpose being <br /> appropriated,budgeted,and otherwise made available. <br /> [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] <br /> 13 <br />