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<br />1. <br /> <br />-- <br />I. <br /> <br />\ <br /> <br />understandings between the parties. No prior or contemporaneous addition, deletion, or other <br />amendment hereto shall have any force or effect whatsoever unless embodied herein in writing_ No <br />subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or <br />effect unless embodied in a written agreement executed and approved pursuant to STATE fiscal <br />rules. <br /> <br />13. Captions. The captions and headings in this agreement are for convenience and reference only <br />and shall not be construed so as to define or limit the terms or provisions agreed to herein. <br /> <br />14. Facsimilesignatures.FacSimile (Fax) copies of original documents containing signature(s) of the <br />parties shall be valid and binding upon the parties pending receipt of original documents. <br /> <br />15. Addresses for mailing. All notices, correspondence, or other documents required by this <br />agreement shall be delivered or mailed to the following addresses: <br /> <br />For the STATE: <br /> <br />For the USGS: <br /> <br />U.S. Geological Survey <br />Box 25046 M.S. 415 <br />Denver Federal Center <br />Denver, CO 80225 <br />Attn.: District Chief <br /> <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Attn.: Construction Fund Section <br /> <br />B. Special provisions (1993 version) <br /> <br />1. Controller's approval. This agreement shall not be deemed valid until it shall have been <br />approved by the Controller of the State of Colorado or such assistant as he may designate. This <br />provision is applicable to any agreement involving the payment of money by the STATE. <br /> <br />2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal <br />year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br />made available. <br /> <br />3. General. Any provision of this agreement whether or not incorporated herein by reference which <br />provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with <br />applicable laws, rules, and regulations shall be considered null and void. Nothing contained in <br />any provision incorporated herein by reference which purports to negate this or any other special <br />provision in whole or in part shall be valid or enforceable or available in any action at law whether <br />by way of complaint, defence or otherwise. Any provision rendered null and void by the operation <br />of this provision will not invalidate the remainder of this agreement to the extent that the <br />agreement is capable of execution. <br /> <br />4. At all times during the performance of this agreement, the USGS shall strictly adhere to all <br />applicable federal and state laws, rules, and reguiations that have been or may hereafter be <br />established. <br /> <br />5. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt <br />Influences) and 18-8-401, et. seq., (Abuse of Public Office), and that no violation of such <br />provisions is present. <br /> <br />6. The signatories aver that to their knowledge, no state employee has any personal or beneficial <br />interest whatsoever in the service or property described herein. <br /> <br />Page 3 of 4 <br />