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<br /> <br />Borrower opts to repay the loan, the Borrower shall remain responsible for the full loan <br />amount outstanding regardless of the amount of such insurance proceeds or condemnation <br />award. <br /> <br />9. Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br /> <br />10. STATE'S Approval. This contract requires review and approval of plans, specifications, <br />and various other technical and legal documents. The STATE'S review of these documents is <br />only for the purpose of verifying the BORROWER'S compliance with this contract and shall not <br />be construed or interpreted as a technical review or approval of the actual design or <br />construction of the PROJECT rehabilitation. Notwithstanding any consents or approvals given <br />to the BORROWER by the STATE on any such documents, the BORROWER and its CONSULTANT, <br />by preparing any such documents, shall be solely responsible for the accuracy and <br />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 <br />waiver of 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 <br />this contract shall be delivered or mailed to the following addresses: <br /> <br />For the STATE: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />For the BORROWER: <br /> <br />City of Idaho Springs <br />Attn: City Administrator <br />P.O. Box 907 <br />Idaho Springs, CO 80452 <br /> <br />D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special 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 of <br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving <br />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 inciuded in this contract, duiy 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 />iess than one-haif 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 in <br />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 /> <br />Page 11 of 14 <br />