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<br />.---{ <br /> <br />. <br />, <br /> <br />conflict with, result in a breach of, or constitute a default of the ORIGINAL CONTRACT; as. <br />amended, and informed the CONTRACTOR of that determination by a letter dated June 3, <br />1997. - <br /> <br />H. The CONTRACTOR issued the Water Revenue Refunding Bonds, Series 1997 ("1997 <br />Bonds"), on June 12, 1997. <br /> <br />I. Because no additional obligations were created by the issuance of the 1997 Bonds, which <br />will have a first lien on the CONTRACTOR'S revenues on a parity equal to the 1987 Bonds and <br />the 1995 Bonds, and because the issuance of the 1997 Bonds will result in debt service <br />savings to the CONTRACTOR, the STATE has agreed to amend the ORIGINAL CONTRACT, as <br />amended, to acknowledge the issuance of the 1997 Bonds <br /> <br />NOW THEREFORE, the parties hereby agree that <br /> <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments <br />which shall be made pursuant to this Amendment and the ORIGINAL CONTRACT, as <br />amended, and the promises and agreements herein set forth. <br /> <br />2. It is expressly agreed by the parties that this Amendment is supplemental to the <br />ORIGINAL CONTRACT, as amended, and all terms, conditions, and provisions thereof, <br />unless specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br /> <br />3. It is agreed the ORIGINAL CONTRACT, as amended, is and shall be modified, altered, and <br />changed in the following respects only: <br /> <br />a) The second full paragraph on Page 2 is amended to read as follows: <br /> <br />WHEREAS, the parties recognize and understand that the revenues of the <br />Contractor are subject to pay its Water Revenue Refunding Bonds, Series 1987, <br />Series 1995 and Series 1997; and <br /> <br />b) Paragraph 0 is amended to read as follows: <br /> <br />The Contractor hereby pledges sufficient annual revenues to pay the annual <br />installment amount (to be kept in a separate account) subject only to the pledge <br />of funds for the payment of the Contractor's Water Revenue Refunding Bonds, <br />Series 1987, Series 1995 and Series 1997. <br /> <br />c) The Special Provisions (pages 10-11 of the ORIGINAL CONTRACT) are amended by <br />the addition of the following paragraph: <br /> <br />Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold <br />debts owed to state agencies under the vendor offset intercept system for: (a) <br />unpaid child support debt or child support arrearages; (b) unpaid balance of tax, <br />accrued interest,. or other charges specified in Article 22, Title 39, CRS; (c) <br />unpaid loans due to the student loan division of the department of higher <br />education; (d) owed ..amounts required to be paid to the unemployment <br />compensation fund; and (e) other unpaid debts owing to the state or any agency <br /> <br />Page 2 of 3 <br />