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<br />the event BORROWER chooses to repay the loan, BORROWER shall remain responsible <br />for the full loan amount outstanding regardless of the amount of such insurance <br />proceeds or condemnation award. <br /> <br />10. Captions. The captions and headings contained in this contract are for <br />convenience and reference only and shall not be construed so as to define or limit the <br />terms or provisions contracted herein. <br /> <br />11. CWCB's Approval. This contract requires review and approval of plans, <br />specifications, and various other technical and legal documents. The CWCB's review <br />of these documents is only for the purpose of verifying BORROWER'S compliance with <br />this contract and shall not be construed or interpreted as a technical review or approval <br />of the actual design or construction of the PROJECT. Notwithstanding any consents or <br />approvals given to the BORROWER by the CWCB on any such documents, 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 /> <br />12, Waiver. The waiver of any breach of a term of this contract shall not be construed <br />asa waiver of any other term, or of any subsequent breach of the same term. <br /> <br />13. Addresses for mailing. All notices, correspondence, or other documents required <br />by 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 <br />address 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 />SPECIAL PROVISIONS (12/01 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special 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 <br />the State of 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 <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br />made available, <br /> <br />3, INDEMNIFICATION. <br /> <br />The CONTRACTOR shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, liability and court awards including costs, <br />expenses, and attorney fees incurred as a result of any act or omission by the <br />CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the <br />terms of this contract. 6 <br /> <br />4, INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> <br />The contractor shall perform its duties hereunder as an independent contractor and not <br /> <br />Page 7 of 9 <br />