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13. WARRANTIES
<br /> A. The Borrower warrants that, by acceptance of the loan under thi• Contract and by its
<br /> representations herein,the Borrower shall be estopped from asserting or any reason that it is
<br /> not authorized or obligated to repay the loan to the CWCB as require• by this Contract.
<br /> B. The Borrower warrants that it has not employed or retained any co pany or person, other
<br /> than a bona fide employee working solely for the Borrower,to solicit s r secure this Contract
<br /> and has not paid or agreed to pay any person,company,corporation,ins ividual,or firm,other
<br /> than a bona fide employee, any fee, commission, percentage, gift, s r other consideration
<br /> contingent upon or resulting from the award or the making of this Co tract.
<br /> C. The Borrower warrants that the Pledged Revenues for this loan are n s t encumbered by any
<br /> other deeds of trust or liens of any party other than the CWCB or in any other manner,except
<br /> for the Existing Parity Indebtedness which sets forth the position of t e lien created by this
<br /> Contract in relation to any existing lien(s). Documentation establishin the relative priorities
<br /> of said liens, if necessary, is attached to the Project Summary and inc rporated herein.
<br /> 14. OPERATION OF PROJECT
<br /> The Borrower shall,without expense or legal liability to the CWCB,manage operate,and maintain
<br /> the Project continuously in an efficient and economical manner.
<br /> 15. CONFIDENTIAL INFORMATION-STATE RECORDS
<br /> A. Confidentiality
<br /> Borrower shall keep confidential,and cause all Subcontractors to kee confidential,all State
<br /> Records,unless those State Records are publicly available. Borrower hall not,without prior
<br /> written approval of the State,use,publish,copy, disclose to any third arty, or permit the use
<br /> by any third party of any State Records,except as otherwise stated in t is Contract,permitted
<br /> by law or approved in Writing by the State. Borrower shall provide for the security of all
<br /> State Confidential Information in accordance with all policies promul ated by the Colorado
<br /> Office of Information Security and all applicable laws, rules, poli ies, publications, and
<br /> guidelines. If Borrower or any of its Subcontractors will or may rece ve the following type
<br /> of data, Borrower or its Subcontractors shall provide for the security f such data according
<br /> to the most recently promulgated IRS Publication 1075 for all T Information and in
<br /> accordance with the Safeguarding Requirements for Federal Tax Inforpiation attached to this
<br /> Contract as an Exhibit, if applicable, (Borrower shall immediately forward any request or
<br /> demand for State Records to the State's principal representative.
<br /> B. Other Entity Access and Nondisclosure Agreements
<br /> Borrower may provide State Records to its agents,employees,assigns'and Subcontractors as
<br /> necessary to perform the Work,but shall restrict access to State Condential Information to
<br /> those agents, employees, assigns and Subcontractors who require a cess to perform their
<br /> obligations under this Contract. Borrower shall ensure all such agent , employees, assigns,
<br /> and Subcontractors sign agreements containing nondisclosure provisio s at least as protective
<br /> as those in this Contract, and that the nondisclosure provisions are i force at all times the
<br /> agent, employee, assign or Subcontractor has access to any State Confidential Information.
<br /> Borrower shall provide copies of those signed nondisclosure provisions to the State upon
<br /> execution of the nondisclosure provisions.
<br /> Contract Number:CT2019-2792 Page 10 of 19 Version 0119
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