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<br />5. 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 />6., Eligible expenses. PROJECT costs eligible for financing by the STATE shall be limited to 75% of <br />the cost of: <br /> <br />a. the purchase price of the FHL Shares, <br /> <br />b. legal services for reviewing engineering services contracts and this contract, and <br /> <br />c. engineering associated with the feasibility report prepared as a requirement for this loan and <br />associated with evaluating the suitability of the FHL Shares for purchase by the Borrower. <br /> <br />7. STATE may release contract at its option. In its sole discretion, the STATE may at any time give <br />any consent, deferment, subordination, release, satisfaction, or termination of any or all of the <br />TOWN'S and/or the BORROWER'S obligation$ under this contract, with valuable consideration, upon <br />such terms and conditions as the STATE may determine to be: <br /> <br />a. advisable to further the purposes of this contract or to protect the STATE'S financial interest <br /> <br />b. therein, and <br /> <br />c. consistent with both the statutory purposes of this contract and the limitations of the statutory <br />authority under which it is made. <br /> <br />8. Captions. That 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 />9. 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: For the Town and the BORROWER: <br /> <br />Colorado Water Conservation Board Town of Georgetown and Town of Georgetown <br />Attn: Construction Fund Section Water and Sewer Activity Enterprise <br />1313 Sherman Street, Room 721 Attn: Town Administrator <br />Denver, CO 80203 P.O. Box 426 <br />Georgetown, CO 80444 <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 />Control/er'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 design@te. 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 /> <br />Town of Georgetown & Town of Georgetown <br />Water and Sewer Activity Enterprise <br /> <br />Page8of11 <br />