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condemnation award to be applied to the prompt replacement, repair and restoration of <br /> the PROJECT facilities or any portion thereof, or to repayment of this loan. Any net <br /> proceeds remaining after such work has been completed or this loan has been repaid, <br /> shall be retained by the BORROWER. If the net insurance proceeds are insufficient to <br /> pay the full cost of the replacement, repair and restoration, the BORROWER shall <br /> complete the work and pay any cost in excess of the net proceeds. In the event <br /> BORROWER chooses to repay the loan, BORROWER shall remain responsible for the full <br /> loan amount outstanding regardless of the amount of such insurance proceeds or <br /> condemnation award. <br /> 9. Captions. The captions and headings contained in this contract are for convenience <br /> and reference only and shall not be construed so as to define or limit the terms or <br /> provisions contracted herein. <br /> 10.CWCB's Approval. This contract requires review and approval of plans, specifications, <br /> and various other technical and legal documents. The CWCB's review of these <br /> documents is only for the purpose of verifying BORROWER'S compliance with this <br /> contract and shall not be construed or interpreted as a technical review or approval of <br /> the actual design or construction of the PROJECT. Notwithstanding any consents or <br /> approvals given to the BORROWER by the CWCB on any such documents, BORROWER <br /> and any of its consultants, by preparing any such documents, shall be solely <br /> responsible for the accuracy and 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 <br /> this contract shall be delivered or mailed to the addresses shown in the Section 1 <br /> (BORROWER Information) of the Project Summary, for .1R-4 R and to the <br /> address below for the CWCB: <br /> .�I. .. <br /> Colorado Water Conservation Board <br /> Attn: Construction Fund Section <br /> 1313 Sherman Street, Room 721 <br /> �f .. . <br /> Denver, CO 80203 <br /> SPECIAL PROVISIONS (7/03 version). State Fiscal Rule 3-1 requires the inclusion of these <br /> 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 <br /> the 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 <br /> contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br /> made available. <br /> 3. INDEMNIFICATION. <br /> The BORROWER shall indemnify, save, and hold harmless the State, its employees and <br /> Page 8 of 10 <br />