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HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (9)36. Controller's Approval. In accordance with the requirements of 24-30-202 (1) C.R.S., as amended, this lease shall not be deemed valid until it has been approved by the State Controller, or such assistant as he may designate. 37. No Violation of Law. The signatories hereto aver that they are familiar with Section 18-8-301, et seq. (Bribery and Corrupt Influences) and Section 18-8-401, et seq. (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. 38. Fiscal Funding. (a) As prescribed by State of Colorado Fiscal Rules, it is understood and agreed this Lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Further, the parties recognize that the act of appropriation is a legislative act, and CSU hereby covenants to take such action as is necessary under the laws applicable to CSU to timely and properly budget for, request of and seek and pursue appropriation of funds of the Legislature of the State of Colorado which will permit CSU to make all payments required under this Lease during the period to which such appropriation shall apply. CSU also covenants to fully pursue the available appeals and review of any denial or rejection of such appropriation requests. In the event there shall be no funds made available, this Lease shall terminate at the end of the then current fiscal year, with no penalty or additional cost as a result thereof to the CSU. (b) To make certain the understanding of the parties because this Lease will extend beyond the current fiscal year, CSU and the City understand and intend that the obligation of CSU to pay the annual charges hereunder constitutes a current expense of CSU payable exclusively from CSU's funds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof within the meaning of any provision of Sections 1, 2 , 3, 4 or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the 14 of 17