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<br />BORROWER chooses to repay the loan, BORROWER shall remain responsible for the full <br />loan amount outstanding regardless of the amount of such insurance proceeds or <br />condemnation award. <br />10. Captions. The captions and headings contained in this contract are for convenience <br />and reference only and shall not be construed so as to define or limit the terms or <br />provisions contracted herein. <br />11. CWCB's Approval. This contract requires review and approval of plans, specifications, <br />and various other technical and legal documents. The CWCB's review of these <br />documents is only for the purpose of verifying BORROWER'S compliance with this <br />contract and shall not be construed or interpreted as a technical review or approval of <br />the actual design or construction of the PROJECT. Notwithstanding any consents or <br />approvals given to the BORROWER by the CWCB on any such documents, BORROWER <br />and any of its consultants, by preparing any such documents, shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br />12. Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br />waiver of any other term, or of any subsequent breach of the same term. <br />13.Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Section 1 <br />(BORROWER Information) of the Project Summary, for the BORROWER and to the <br />address below for the CWCS: <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />SPECIAL PROVISIONS (7/03 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants. <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of the <br />State of Colorado or such assistant as he may designate. <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5\ <br />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 />3. INDEMNIFICATION. <br />The CONTRACTOR shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, liability and court awards including costs, <br />expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, <br />or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br />The contractor shall perform its duties hereunder as an independent contractor and not as an <br />employee. Neither the contractor nor any agent or employee of the contractor shall be or <br />shall be deemed to be an agent or employee of the state. Contractor shall pay when due all <br />required employment taxes and income tax and local head tax on any monies paid by the <br />State pursuant to this contract. Contractor acknowledges that the contractor and its <br />employees are not entitled to unemployment insurance benefits unless the contractor or third <br />party provides such coverage and that the state does not pay for or otherwise provide such <br /> <br />Page 6 of 8 <br />