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<br />10, Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shail not be construed so as to define or limit the terms or provisions <br />contracted herein, <br /> <br />11, 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 compliance with this Contract <br />and shall not be construed or interpreted as a technical review or approval of the actual <br />design or construction of the PROJECT, Notwithstanding any consents or approvals given <br />to the BORROWER by the CWCB on any such documents, BORROWER shail be solely <br />responsible for the accuracy and completeness of such documents, <br /> <br />12, Waiver. The waiver of any breach of a term of this contract shail not be construed as a <br />waiver of any other term, or of any subsequent breach of the same term, <br /> <br />13. Addresses for mailing. Ail notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Section 1 <br />(Borrower Information) of the Project Summary, for the BORROWER and to the address <br />below for the CWCB: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />14,Additional Contract Requirements. Any additional contract requirements are shown in <br />Additional Contract Requirement (Section 10) of the Project Summary, <br /> <br />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 />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> <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 /> <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> <br />Financial obligations of the State of Colorado payable after the current fiscal year are contingent <br />upon funds for that pUlpose being appropriated, budgeted, and otherwise made available, <br /> <br />3. INDEMNIFICATION. <br /> <br />The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against <br />any and all claims, damages, liability and court awards including costs, expenses, and attorney <br />fees incurred as a result of any act or omission by the Contractor, or its employees, agents, <br />subcontractors, or assignees pursuant to the terms of this contract <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND <br />NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE <br /> <br />Page 8 of 10 <br /> <br />Loan Contract <br />