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<br />".
<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
<br />contract shall be delivered or mailed to the following addresses:
<br />
<br />For the STATE:
<br />
<br />For the BORROWER:
<br />
<br />Woodchuck Ditch Company
<br />42095 RCR 44
<br />Steamboat Springs, CO 80487
<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
<br />State of Colorado or such assistant as he may designate. This provision is applieable to any
<br />contract involving the payment of money by the STATE.
<br />
<br />FUND Av AILABILITY
<br />
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are
<br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
<br />available,
<br />
<br />BOND REOUIREMENT
<br />
<br />3. If this contract involves the payment of more than fjfty 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 />oHicial 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
<br />the 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
<br />the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire,
<br />sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR
<br />or his subcontractor in performance of the work contracted to be done or fails to pay any person
<br />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
<br />at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no
<br />claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed or paid,
<br />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.R.S. 38-26-
<br />106,
<br />
<br />INDEMNIFICATION
<br />
<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
<br />awards including costs, expenses, and attorney fees incurred as a result of any act or omission
<br />by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the
<br />
<br />Woodchuck Ditch Company
<br />
<br />Page 10 of 13
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<br />Loan Contract
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