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10. General Provisions: a. The captions and headings contained in this contract are for convenience .and reference only and shall not be construed as to define or limit the terms or provisions set forth herein. The Colorado Water Conservation Board, its agents and employees, are hereby designated as the agent of the State for the purpose of this contract. c. This contract is personal in nature and assignment of performance by the Borrower to another is prohibited unless prior approval in writing is granted by the State. d. The parties to this contract intend that the relationship between them contemplated by this contract is that of lender-borrower, not employer-employee nor principal-agent. No agent, employee, or servant of the Borrower shall be, or shall be deemed to be, an employee, agent, or servant of the State. The Borrower will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, engineering firms, construction firms, and subcontractors during the performance of this contract. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion or other amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment I~ereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to State fiscal rules. In its sole discretion, the State may at any time and in writing give any consent, deferment, subordination, release, satisfaction, or termination of any or all of the Borrower's obligations under this agreement, with valuable consideration, upon such terms and conditions as the State may determine to be: la1 advisable to further the purposes of this contract or to protect the State's financial interest therein, and (b) consistent with both the statutory purposes of this contract and the limitations of the statutory authority under which it is made. 11. All notices, correspondence, or other documents required by this contract shall be delivered or mailed to the following addresses: a. For the State Colorado Water Conservation Board 1313 Sherman Street, Room 721 Denver, CO 80203 b. For the Borrower Lower Arkansas Water Management Association P. 0. Box 1 161 Lamar, CO 81052 12. Special provisions Sts93 version) a. Controller s approval. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the STATE. b. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. _ _ _ Page 6 of 8 LOWER ARKANSAS WATER MANAGEMENT ASSOC. LOAN CONTRACT