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C. "Contract Funds"means the funds that have been appropriated,designated,encumbered,or <br /> otherwise made available for payment by the State under this Contract. <br /> D. "CORA"means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. <br /> E. "Effective Date" means the date on which this Contract is approved and signed by the <br /> Colorado State Controller or designee, as shown on the Signature and Cover Page for this <br /> Contract. <br /> F. "Incident" means any accidental or deliberate event that results in or constitutes an <br /> imminent threat of the unauthorized access or disclosure of State Confidential Information or <br /> of the unauthorized modification, disruption, or destruction of any State Records. <br /> G. "Origination Fee" means the amount equal to one percent(1%)of the Total Loan Amount. <br /> H. "Parity Indebtedness"means any additional indebtedness that may be secured,in the future, <br /> not related to the construction of the Rio Grande Reservoir Rehabilitation- Phase 2. <br /> I. "Party"means the State or Borrower,and"Parties"means both the State and Borrower. <br /> J. "Pledged Revenues" means the revenues that consist solely of the Borrower's revenues <br /> pledged for repayment of this loan, as defined in the Resolution and set forth in the Security <br /> Agreement. <br /> K. "Project Extension Terms-State Option" means the time period defined in§2.D. <br /> L. "Project Term" means the time period defined in§2.C. <br /> M. "Promissory Note" means the document issued to secure repayment of this loan. <br /> N. "Resolution or Ordinance" means the Borrower's written authority to enter into this <br /> Contract. <br /> O. "Security Agreement" means the document that provides a security interest in a specified <br /> revenue pledged to repay this loan. <br /> P. "State Fiscal Rules" means that fiscal rules promulgated by the Colorado State Controller <br /> pursuant to §24-30-202(13)(a). <br /> Q. "State Records" means any and all State data, information, and records, regardless of <br /> physical form, including, but not limited to, information subject to disclosure under CORA. <br /> R. "Subcontractor" means third-parties, if any, engaged by Borrower to aid in performance of <br /> the Project. <br /> S. "Tax Information"means federal and State of Colorado tax information including,without <br /> limitation, federal and State tax returns, return information, and such other tax-related <br /> information as may be protected by federal and State law and regulation. Tax Information <br /> includes, but is not limited to all information defined as federal tax information in Internal <br /> Revenue Service Publication 1075. <br /> T. "Total Loan Amount"means the amount disbursed to the Borrower,which does not include <br /> the one percent(1%) loan origination fee. <br /> Any other term used in this Contract that is defined in an Appendix shall be construed and <br /> interpreted as defined in that Appendix. <br /> Page 4 of 15 <br /> Contract Number:CT2018-3303 <br />