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<br />Fa the STATE:
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<br />For the BORROWER:
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<br />Colorado Water Conservation Board
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />Attn: William p, Stanton
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<br />Lloyd Ranch Limited Partnership
<br />3216 E. Spruce Street
<br />Seattle, WA 98122
<br />Attn: Arthur Newman
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<br />D. Special provisions (1993 version)
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<br />1, controller's approval. This contract shall not be deemed valid until it shall have been approved by the
<br />Controller of the State of Colorado or such assis'tant as he may designate. This provision is applicable to any
<br />contract involving the payment of money by the 5T ATE.
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<br />2, Fund availability, Financial obligations of the State of Colorado payable after the current fiscal year
<br />are conlngent upon funds for that purpose being appropriated, budgeted, and otherwise mad!, available.
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<br />3, ' Bond requirement. If this contact 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 />excavat~n or other public work for this STATE, the CONTRACTOR shall, before entering upon the performance
<br />of any such work included in this contract, duly execute and deliver to the STATE official who will sign the
<br />contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum
<br />not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly
<br />executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in
<br />addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials,
<br />team hire, sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR or his
<br />subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental
<br />machinery, tools, or equipment in the prosecution of the work the sure , ill pay the same in an amount not
<br />exceeding the sum specified in the bond, together with interest at the r of eight per cent per annum. Unless
<br />such bond is executed, delivered and filed, no' claim in favor ot~e, ONTRACTOR arising under such contract
<br />shall be audited, allowed or pa, id. A certified or cashier's Che<;j!..,~,~'i'bank~eY o~ payable to the Treasurer
<br />of the State of Colorado may be accepted in lieu of a bona.trhis pr~V&ion is i~eqmpliance with CRS 38-26-
<br />106. " ~ ,f..,'\~~
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<br />4, Indemnification. To the extent authorized by la"';, the CONTil'A1f~:R shall indemnify, save, and hold
<br />harmless the STATE', its employees and agents, against any and~tl~raims, damages, liability and court awards
<br />including costs, expenses, and attorney fees incurred as a r~ljllt of any act or omission by the CONTRACTOR,
<br />or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract,
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<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply'with the letter and spirit of
<br />the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination
<br />and unfair empioyment practices (CRS 24-34-402). and as required by Executive Order, I Opportunity and
<br />Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisio . s 1 be contained in all
<br />STA TE contracts or sub-contracts.
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<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because
<br />of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap,
<br />or age, The CONTRACTOR will take affirmative action to insure that applicants are employed, and that
<br />employees are treated during employment, without regard to the above mentioned characteristics.
<br />Such action shall include, but not be limited to the following: employment upgrading, demotion,or
<br />transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other forms
<br />of compensation; and selection for training, including apprenticeship, The CONTRACTOR agrees to post
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<br />During the performance of this contract, the CONTRACTOR agrees as fa
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<br />LLOYD RANCH LIMITED PARTNERSHIP
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<br />Page 8 of 10
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<br />LOAN CONTRACT
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