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<br />responsible for the accuracy and completeness of any of said documents.
<br />
<br />10, Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of
<br />any other term, or of any subsequent breach of the same term.
<br />
<br />11. Addresses for mailing. All notices, correspondence, or other documents required by this contract
<br />shall be delivered or mailed to the following addresses: '
<br />
<br />For the STATE:
<br />
<br />For the BORROWER:
<br />
<br />The Farmers Pawnee Canal Company
<br />16177 CR 24
<br />Sterling, CO 80751
<br />
<br />Colorado Water Conservation Board
<br />Attn.: Construction Fund Section
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special
<br />Provisions in every STATE contract, including grants,
<br />
<br />Controller's Approval
<br />
<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State
<br />of Colorado or such assistant as he may designate. This provision is applicable to any contract
<br />involving the payment of money by the STATE,
<br />
<br />FUND AVAILABilITY
<br />
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon
<br />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, erection,
<br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other
<br />publiC work for this STATE, the CONTRACTOR shall, before entering upon the performance of any such
<br />work included in this contract, duly execute and deliver to the STATE official who will sign the contract, a
<br />good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not
<br />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
<br />in addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor,
<br />materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such
<br />CONTRACTOR or his subcontractor in performance of the work contracted to be done or fails to pay any
<br />person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will
<br />pay 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 favor
<br />of the CONTRACTOR arising under such contract shall be audited, allowed or paid, A certified or
<br />cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be
<br />accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-106.
<br />
<br />INDEMNIFICATION
<br />
<br />4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE,
<br />its employees and agents, against any and all claims, damages, liability and court awards including
<br />costs, expenses, and attomey fees incurred as a result of any act or omission by the CONTRACTOR, or
<br />its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />
<br />Farmers Pawnee Canal Company
<br />
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<br />Loan Contract
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