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<br />Borrower: U,S. Department of Energy Western Area Power Administration
<br />P,O. Box 11606
<br />Salt lake City, UT 134147-1534
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<br />12. Venue. All disputes arising under this LOAN CONTRACT shall tle resolved in the
<br />Federal District Court for Colorado. To the maximum extent possible, that COUI1 shall
<br />comply with SPECiAL PROVISION 6.
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<br />13, General Contract Provisions Required by the Conh'\,lt~tOr. In the provisions (a
<br />through f) of this Article No, 13, Western Area Power Administration shall be known as
<br />"Westem" or "United States," and Ole State of Colorado and/or CWCB shall be known
<br />as "State."
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<br />a, Contingent Upon Appropriations. Where activities provided for in the contract
<br />extend beyond the current fiscal year, continued expenditures by the United States
<br />are contingent upon Congress making the necessary appropriations required for the
<br />continued performance of the United States obligations under the cont;'act.
<br />Pursuant to 31 U,S.CA 3123, the United States pledges its full faith and credit to
<br />repay the loan made under this contract, and shall pay in full all principai and interest
<br />due on this loan no later than September 30,2057.
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<br />b. Covenant Against Contingent Fees. The State warrants that no person or selling
<br />agency has been employed or retained to solicit or secure tr'e contract upon an
<br />agreement or understanding for a commission, percentage, brokerage, or
<br />contingent fee, excepting bona fide empioyees or bona fide established commercial
<br />or selling agencies maintained by the State for the purpose of securing business.
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<br />c. Contract Work Hours and Safety Standards, The contract, to the extent that it is
<br />of a character specified in Section 103 of Contract Work Hours and Safety
<br />Standards Act (Act), 40 U.S.CA S 329 (1986), is subject to the provision of the Act,
<br />40 U.S.C.A. SS 327-333 (1986), and to regulations promuigated by the Secretary of
<br />Lab01' pursuant to the Act.
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<br />d. EqlUd Opportunity Employment Practices, Section 202 of t=.xecutive Order No.
<br />'11246,30 Fed. Reg. 12319 (1965), as amended by Executive Order No. 12086,43
<br />Fed. Reg 46501 (1978), which provides, among other things, that the State will not
<br />discriminate against any employee or applicant for empioyment because of race,
<br />color, reiigion, sex, or national origin, is incorporated by refel'ence in the contract.
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<br />e. Use of Convict Labor. The State agrees not to employ any person undergoing
<br />sentence of imprisonment in perfolming the contract except as provided r;y 18
<br />U.S.C 4082 S (c)(2) and Executive Order 1 '1755, December 29, 1qn
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<br />f. Transfer of ~nMrest in Contract No voluntary transfer of the contract or of the
<br />rights of the State under the contl'act shali be made without the written approval of
<br />the Administrator of Western; Pr.ovid'2.Q, That if the State operates a project
<br />financed in whole or in part by the Rural Utilities Service, the State may transfer or
<br />assign its interest in the contract to the Rural Utilities Service or any other
<br />department or agency of the Federai Government without such writlen approval;
<br />Prov,lde(j IV.r:tJJS'l, Tt1at any successor to or assignee of the rights of the State,
<br />wl1ether by voluntary transfer, judicial sale, foreclosure sale, or otherwise, shall r)e
<br />subject to al! the provisions and conditions of the contract to the same extent as
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<br />Page 6 of 8
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<br />Loan Contract
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