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<br />" <br /> <br />NOW THEREFORE, it is hereby agreed that <br /> <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payrTients <br />which shall be made pursuant to this Amendment and ORIGINAL CONTRACT and the <br />promises and agreements herein set forth. <br /> <br />2. It is expressly agreed by the parties that this Amendment is supplemental to the <br />ORIGINAL CONTRACT, and all terms, conditions, and provisions thereof, unless <br />specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br /> <br />3. It is agreed the ORIGINAL CONTRACT is and shall be modified, altered, and changed in <br />the following respects only: <br /> <br />a. Paragraph A.B, Promissory note provisions, is replaced by the Promissory <br />Note, attached hereto as Appendix 1 and incorporated herein. <br /> <br />b. An amended deed of trust is attached hereto as Appendix 2 and incorporated <br />herein and amends the deed of trust attached to the Original Contract as <br />Appendix B. . <br /> <br />c. AfI amended Security Agreement is attached hereto as Appendix 3 and <br />incorporated herein and amends the security agreement attached to the <br />Original Contract as Appendix C. <br /> <br />d. The Special Provisions are amended by the addition of the following: <br /> <br />11. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold <br />debts owed to state agencies under the vendor offset intercept system for: (a) <br />unpaid child support debt or child support arrearages; (b) unpaid balance of tax, <br />accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid <br />loans due to the student loan division of the department of higher education; (d) <br />owed amounts required to be paid to the unemployment compensation fund; and (e) <br />other unpaid debts owing to the stale or any agency thereof, the amount of which is <br />found to be owing as a result of fini5J1 agency determination or reduced to judgment <br />as certified by the controller <br /> <br />4. The Feasibility Report Contract is hereby terminated. <br /> <br />5. The effective date of this Amendment is the date first written above. <br /> <br />6. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, <br />variance, or contradiction between the provisions of this Amendment and any of the <br />provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all <br />respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be <br />controlling over other provisions in the contract or amendments. The representations <br />in the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and <br />personal interest of STATE employees are presently reaffirmed. <br /> <br />7. Financial obligations of the state payable after the current fiscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br /> <br />8. This amendment shall not be deemed valid or effective until it shall have been <br />approved by the controller of the State of Colorado or such assistant as he may <br /> <br />Beaver Reservoir Company <br /> <br />PaOe 2 of 3 <br /> <br />Amendment No.2 <br />