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11. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of
<br /> 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 this
<br /> contract shall be delivered or mailed to the following addresses:
<br /> For the STATE: For the BORROWER:
<br /> Colorado Water Conservation Board Woodchuck Ditch Company
<br /> Attn: Construction Fund Section 42095 RCR 44
<br /> 1313 Sherman Street, Room 721 Steamboat Springs, CO 80487
<br /> Denver, CO 80203
<br /> D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special
<br /> Provisions in every STATE contract, including grants.
<br /> Controller's Approval
<br /> 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the
<br /> State of Colorado or such assistant as he may designate. This provision is applicable to any
<br /> contract involving the payment of money by the STATE.
<br /> FUND AVAILABILITY
<br /> 2. 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 made
<br /> available.
<br /> BOND REQUIREMENT
<br /> 3. If this contract involves the payment of more than fifty thousan. dollar for the construction,
<br /> erection, repair, maintenance, or improvement of any bui i ,l• ••a•'' b d•=, viaduct, tunnel,
<br /> excavation or other public work for this STATE, the CONTRA OR, -II,.,e, 'r-,-ntering upon the
<br /> performance of any such work included in this contract, d execu e an. deliver to the STATE
<br /> official who will sign the contract, a good and sufficient son. or,. he. a -• a. urety to be
<br /> approved by said official in a penal sum not less th . alf �-,. ' of I o'1 t .-yable by
<br /> the terms of this contract. Such bond shall be duly x •c► -d i : . a is a : .'..te surety
<br /> conditioned upon the faithful performance of the con ract and in addition, shall provide that if
<br /> the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire,
<br /> sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR
<br /> or his subcontractor in performance of the work contracted to be done or fails to pay any person
<br /> who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will
<br /> pay the same in an amount not exceeding the sum specified in the bond, together with interest
<br /> at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no
<br /> claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed or paid.
<br /> A certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br /> Colorado may be accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-
<br /> 106.
<br /> INDEMNIFICATION
<br /> 4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the
<br /> STATE, its employees and agents, against any and all claims, damages, liability and court
<br /> awards including costs, expenses, and attorney fees incurred as a result of any act or omission
<br /> by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the
<br /> Woodchuck Ditch Company Page 10 of 13 Loan Contract
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