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<br />financial assistance from the CWCB. <br /> <br />9. The STATE has reviewed the situation described by the CONTRACTOR and is satisfied that <br />CONTRACTOR encountered significant and unexpected financial difficulties as a result of the <br />expenses incurred during its contesting of the bypass flow requirements, and that it has been duly <br />diligent in its efforts to comply with the repayment provisions of the ORIGINAL CONTRACT. <br /> <br />10. At its July 21-22, 1997, meeting, the CWCB approved deferment of the 1997 payment for one year, <br />thus extending the time for repayment under the terms of the ORIGINAL CONTRACT by one (1) year, <br />pursuant to ~37-60-120(3), C.R.S. <br /> <br />11. The parties agree that the ORIGINAL CONTRACr is to be amended to defer the annual payments for <br />1996 and 1997, <br /> <br />NOW THEREFORE, the parties hereby agree that <br /> <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments which shall <br />be made pursuant to this Amendment and ORIGINAL CONTRACT and the promises and agreements <br />herein set forth. <br /> <br />2. It is expressly agreed by the parties that this Amendment is supplemental to the ORIGINAL <br />CONTRACT, and all terms, conditions, and provisions thereof, unless specifically modified herein, are <br />to apply to this Amendment as though they were expressly rewritten, incorporated, and included <br />herein. <br /> <br />3. It is agreed the ORIGINAL CONTRACT is and shall be modified in the following respects only: <br /> <br />a, Paragraph A.9 is appended with the following: All installment payments subsequent to this <br />amendment shall be made on or before December 1st of each year. Because the installment <br />payments due in 1996 and 1997 have been deferred, the final installment payment shall be due <br />on December 1,2028. <br /> <br />The Special Provisions are amended by the addition of the following: <br /> <br />11. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed <br />to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or <br />child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges <br />specified in Article 22, Title 39, CRS; (c) (lnpaid loans due to the student loan division of the <br />department of higher education; (d) owed amounts required to be paid to the unemployment <br />compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the <br />amount of which is found to be owing as a result of final agency determination or reduced to <br />judgment as certified by the controller <br /> <br />4. The effective date of this Amendment is the date first written above. <br /> <br />5. <br /> <br />b. <br /> <br />Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or <br />contradiction between the provisions of this Amendment and any of the provisions of the ORIGINAL <br />CONTRACT, the provisions of this Amendment shall in all respects supersede, govem, and control. <br />The SPECIAL PROVISIONS shall always be controlling over other provisions in the contract or <br />amendments. The representations in the SPECIAL PROVISIONS concerning the absence of bribery or <br />corrupt influences and personal interest of STArE empioyees are presently reaffirmed. <br /> <br />6. Financial obligations of the state payable after the current fiscal year are contingent upon funds <br />for that purpose being appropriated, budgeted, and otherwise made available. <br /> <br />Overland Ditch & Reservoir Co, <br /> <br />Page 2 of 3 <br /> <br />Contract Amendment NO.3 <br />