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<br />9. Captions. The captions and headings contained in this contract are for convenience and reference
<br />only and shall not be construed so as to define or limit the terms or provisions contracted herein,
<br />
<br />10. STATE'S Approval. This contract requires review and approval of plans, specifications, and various
<br />other technical and legal documents, The STAfE'S review of these documents is only for the purpose
<br />of verifying BORROWER'S compliance with this contract and shall not be construed or interpreted as a
<br />technical review or approval of the actual design or construction of the PROJECT rehabilitation.
<br />Notwithstanding any consents or approvals given to the BORROWER by the STATE on any such
<br />documents, BORROWER and its CONSULTANT, by preparing any such documents, shall be solely
<br />responsible for the accuracy and completeness of any of said documents.
<br />
<br />11. 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 />12. 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 Western Mutual Ditch Company
<br />1007 9th Avenue
<br />Greeley, CO 80631
<br />
<br />Colorado Water Conservation Board
<br />Alln: Construction Fund Section
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />D. SPECIAL PROVISIONS (6/97 version), State Fisc:al 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 shllll have been approved by the Controller of the State of
<br />Colorado or such assistant as he may designate, This provision is applicable to any contract involving the
<br />payment of money by the STATE,
<br />
<br />FUND AVAILABiliTY
<br />
<br />2. Financial obligations of the State of Colorado payaple after the current fiscal year are contingent upon funds
<br />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 ~fty thousand dollars for the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work
<br />for this STATE, the CONTRACTOR shall, before enteri~g upon the performance of any such work included in this
<br />contract, duly execute and deliver to the STATE official whowill sign the contract, a good and sufficient bond
<br />or other acceptable surety to be approved by said official in a penal sum not less than one-half of the totai
<br />amount payable by the terms of this contract Such bond shall be duly executed by a qualified corporate
<br />surety 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, provisions,
<br />provendor or other supplies used or consumed by such CONTRACTOR or his subcontractor in performance of
<br />the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment
<br />in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in
<br />the bond, together with interest at the rate of eignt per cent per annum, Unless such bond is executed,
<br />delivered and filed, no claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed
<br />or paid, A certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br />Colorado may be accepted in lieu of a bond, This prOVision is in compliance with C,RS. 38-26-106,
<br />
<br />Western Mutual Ditch Company
<br />
<br />Page 10 of 13
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<br />Loan Contract
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