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<br />BORROWER'S compliance with this contract and shall not be construed or interpreted as a technical <br />review or approval of any of the PROJECT. Notwithstanding any consents or approvals given to the <br />BORROWER by the STATE on any such documents, BORROWER; in preparing any such documents, <br />shall be solely responsible for the accuracy and completeness of any of said documents. <br /> <br />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 /> <br />12. Addresses for mailing. All notices, correspondence, or other documents required by this contract <br />shall be delivered or mailed to the following addresses: <br /> <br />For the STATE: <br /> <br />For the BORROWER: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Aristocrat Ranchette Water Project, Inc. <br />P. O. Box 247 <br />Fort Lupton, CO 80621 <br /> <br />D. Special provisions (1993 version) <br /> <br />1. Controller's approval. This contract shall not be deemed valid until it shall have !leen approved by the <br />Controller of the 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 />2. Fund availability. 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 />3. Bond requirement. If this contract involves the payment of more than fifty thousand dollars for the <br />construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, <br />excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon the performance of <br />any such work included in this contract, duly execute and deliver to the STATE official who wil/ sign the contract, <br />a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less <br />than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a <br />qualified corporate surety conditioned upon the faithful rerformance of the contract and in addition, shall provide <br />that if the CONTRACTOR or his subcontractors fail to dUly pay for any labor, materials, team hire, sustenance, <br />provisions, provendor or other supplies used or consumed by such CONTRACTOR or his subcontractor in <br />performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, <br />or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum <br />specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is <br />executed. delivered and filed, no claim in favor of the CONTRACTOR arising under such contract shall be audited, <br />allowed or paid. 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. 36-26-106. <br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless <br />the STATE, its employees and agents, against any and all claims, damages, liability and court awards including <br />costs, expenses, and attorney fees incurred as a resUlt of any act or omission by the CONTRACTOR, or its <br />employees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of the <br />Colorado Anlidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and <br />unfair employment practices (C.R.S. 24-34-402), and as required by Executive Order, Equal Opportunity and <br />Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all <br />STATE contracts or sub-contracts. <br />During the performance of this contract, the CONTRACTOR agrees as follows: <br />a. The CONTRACTOR wil/ not discriminate against any employee or applicant for employment because of race, <br />creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, or age. The <br />CONTRACTOR will take affirmative action to insure that applicants are employed, and that employees are <br /> <br />Aristocrat Ranchette Water Project, Inc. <br /> <br />Page 9 of 11 <br /> <br />Loan Contract <br />