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BoRROweR chooses to repay the loan, BoRROweR shall remain responsible for the full <br />loan amount outstanding regardless of the amount of such insurance proceeds or <br />condemnation award. <br />9. Captions. The captions and headings contained in this contract are for convenience <br />and reference only and shall not be construed so as to define or fimit the terms or <br />provisions contracted herein. <br />io. CWCB's Approval. This contract requires review and approval of plans, specifications, <br />and various other technical and legal documents. The CWCB's review of these <br />documents is only for the purpose of verifying BoRROweR's compfiance with this <br />contract and shall not be construed or interpreted as a technical review or approval of <br />the actual design or construetion of the PRO�ECT. Notwithstanding any consents or <br />approvals given to the BoRROweR by the CWCB on any such documerits BORROWER <br />and any of its consultants, by preparing any such documents, shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br />i 1. Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br />waiver of any other term or of any subsequent breach of the same term. <br />i2. Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Project <br />Summary, Section 1 for the BoRROwert and to the address below for the CWCB: <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />SaECia� PROwsioNS (7/03 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract, including grants� <br />(For Use Onlv with lnter-Governmental Contracts) <br />CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of the State of <br />Colorado or such assistant as he may designate. <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br />Financial obligations of the State of Colorado payable after the current fiscal year are contingent <br />upo� funds for that purpose being appropriated, budgeted, and othenvise made available. <br />3. INDEMNIFICATION. <br />Indemnity: To the extent authorized by law, the contractor shall indemnify, save, and hold <br />harrnless the State against any and all claims, damages, liability and court awards including <br />costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, <br />or its emQloyees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br />No term or condition of this contract shall be construed or interpreted as a waiver, express or <br />implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of <br />the Colorado Governmentai immunity Act, CR5 24-10-101 et seq. or the Federal Tort Claims <br />Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. <br />Page 8 of 10 <br />