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5 . 4 Governmental Imm �u��ty <br />Notwithstanding any other provision ft this Plan to the contrary, no term or condition of thi <br />Plan shall be construed or interprete as a waiver, either express or implied, of any of the <br />im ur ties, rights, benefits, o protections provid to the U niversity of Colorado un d er <br />gov rnmenta.l 1"I'M nuluty lags from time to time applicable to the University of Colorado, <br />including, without limitation, the Colorado Governmental Immunity Act C. . S, § 24-10- <br />1 0 1, et seq.), as the same may apply. <br />5 . 5 Funding Requirement <br />Not - withstanding any other provision of this Flan to the contrary, the University's <br />obligations under this Plan shall be suhj eot to C.R. S. § 23 - 5, w stags as follows: <br />"The Board of Regents is prohibited from creating any debt against the university, <br />in any manner encumbering the same, or in urrmg any expense beyond its ability to <br />pay from the ann ual income of the university for the current yea.. "' <br />No provision of this sell he construed or interpreted so as to cause the University o f <br />Colorado to violate the foregoing provision of law (including, without limitation, any <br />amendments to this law) or any s='Iar law which is subsequently enacted. <br />Notwithstanding any other provision of this Plan to the contrary, any obligation of the <br />University of Colorado contained this plan w hich causes the University of Colorado to be <br />in violation of , , . § 23-20-135, or any similar law which is subsequently enacted, shall <br />be void and of no force or effect, <br />10075757 DNHII 11 <br />