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<br />M. EaQle Park Reservoir Purchasers' AQreement. Notwithstanding anything contained
<br />herein to the contrary, the Water Rights encumbered by the Deeds' of Trust shall remain
<br />subject to the terms and conditions of the Eagle Park Reservoir Purchasers' Agreement
<br />dated June 17, 1998, incorporated herein by reference, among the Colorado River Water
<br />Project Enterprise, the Eagle River Water and Sanitation District, the Upper Eagle Regional
<br />Water Authority, Vail Associates, Inc. and the Eagle Park Reservoir Company, including
<br />without limitation paragraph 5 thereof,
<br />
<br />N. SPECIAL PROVISIONS (6/97 version). These Special Provisions are required by Fiscal Rule 3-1 to be
<br />used in every State contract, including grants.
<br />
<br />CONTROLlLER'S APPROVAL
<br />
<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the
<br />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 />
<br />FUND AVAILABIUTY
<br />
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent
<br />upon funds for that purpose being appropriated, budgeted, and otherwise made available.
<br />
<br />BOND REQUIREMENT
<br />
<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction,
<br />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
<br />performance of any such work included in this contract, duly execute and deliver to the State
<br />official who will sign the contract, a good and sufficient bond or other acceptable surety to be
<br />approved by said official in a penal sum not less than one-half of the total amount payable by the
<br />terms of this contract. Such bond shall be duly executed by a qualified corporate surety
<br />conditioned upon the faithful performance of the contract and in addition, shall provide that if the
<br />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
<br />subContractor in performance of the work contracted to be done or fails to pay any person who
<br />supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay
<br />the same in an amount not exceeding the sum specified in the bond, together with interest at the
<br />rate of eight per cent per annum, Unless such bond is executed, delivered and filed, no claim in
<br />favor of the Contractor arising under such contract shall be audited, allowed or paid. A certified
<br />or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may
<br />be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
<br />
<br />INDEMNIFICATION
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<br />4, To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the
<br />State, its employees and agents, against any and all claims, damages, liability and court awards
<br />including costs, expenses, and attorney fees incurred as a result of any act or omission by the
<br />Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
<br />contract
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act
<br />of 1957, as amended, and other applicable law respecting discrimination and unfair employment
<br />practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and
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<br />Eagle Park Reservoir Company
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<br />Loan Contract
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