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4. The parties expressly agree that all terms used in the ORIGINAL CONTRACT to refer to the <br /> CONTRACTOR shall be deemed to refer to the ASSIGNEE. <br /> 5. The ASSIGNEE assumes, agrees to be bound by, and shall perform each and every one of the <br /> terms, covenants and conditions contained in the ORIGINAL CONTRACT and further assumes all <br /> obligations and liabilities of and all claims and demands against the CONTRACTOR under the ORIGINAL <br /> CONTRACT in all respects as if the ASSIGNEE were the original party to the ORIGINAL CONTRACT. <br /> 6. The ASSIGNEE ratifies and confirms all actions heretofore taken by the CONTRACTOR with <br /> respect to the ORIGINAL CONTRACT. <br /> 7. The ASSIGNEE shall be entitled to all right, title and interest of the CONTRACTOR in and to the <br /> ORIGINAL CONTRACT in all respects as if the ASSIGNEE were the original party to the ORIGINAL CONTRACT. <br /> 8. It is agreed the ORIGINAL CONTRACT is and shall be modified, altered, and changed in the <br /> M <br /> 3� <br /> following respects only: M 'f, <br /> A. Paragraph A.5 is amended by the addition o`�thG'f.;•' 'rt.. <br /> The CONTRACTOR conveyed the portic s ' ,lhe t. 'Vz T a` litl ' described above in <br /> paragraphs a. through f. to the STA y ` qui i d •ei. • r. d in the Summit <br /> County Clerk and Recorder's Office on January 29, 1 •:7 at Reception No. 331935. <br /> With the CONTRACTOR'S consent, the STATE has conveyed the same to the ASSIGNEE by <br /> quitclaim deed. A deed of trust, executed by the ASSIGNEE and conveying to the STATE <br /> a 100% interest in the portions of the PROJECT facilities described above in paragraphs <br /> a. through o., is attached hereto as ATTACHMENT 3 and incorporated herein. <br /> B. Paragraph A.7 is replaced by the following: <br /> Without expense to the State, manage, operate and maintain the project system <br /> continuously in an efficient and economical manner. The ASSIGNEE agrees to indemnify <br /> and hold the State harmless from any liability incurred by the STATE as a result of the <br /> STATE'S interest in the project facilities and any other property identified in Paragraph <br /> A.5 of this Contract. Until complete repayment of the loan is made to the STATE, the <br /> ASSIGNEE shall maintain comprehensive general liability insurance covering the <br /> management, operation, and maintenance of the Project. <br /> ASSIGNEE is a "public entity" within the meaning of the Colorado Governmental Immunity <br /> Act, CRS 24-10-101, et seq., as amended ("Act"). The ASSIGNEE shall at all times <br /> during the term of this contract maintain such liability insurance, by commercial policy <br /> or self-insurance, as is necessary to meet its liabilities under the Act. Said insurance <br /> shall name the STATE as additional insured. A current certificate of said liability <br /> insurance and an additional insured endorsement must be filed with the STATE upon <br /> execution of this contract, and a certificate provided upon each subsequent renewal. <br /> C. Paragraph A.12 is amended to read as follows: <br /> Pay to the STATE Two Million Four Hundred Twenty-Four Thousand Nine Hundred Sixty <br /> Dollars ($2,424,960),payable in forty (40) annual installments of Sixty Thousand Six <br /> Page 3 of 5 <br />