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4. Assignment. The BoRROwER may not assign this contract except with the prior written <br />approval of the CWCB. <br />5. Contract Relationship. The parties to this contract intend that the relationship <br />befinreen them under this contract is that of lender-borrower, not employer-employee. <br />No agent, employee, or servant of the BoRROwER shall be, or shall be deemed to be, <br />an employee, agent, or servant of the CWCB. The BoRROwER shall be solely and <br />entirely responsible for its acts and the acts of its agents, employees, servants, <br />engineering firms, construction firms, and subcontractors during the term of this <br />contract. <br />6. Integration of Terms. This contract is intended as the complete integration of all <br />understandings between the parties. No prior or contemporaneous addition, deletion, <br />or other amendment hereto shall have any force or effect whatsoever unless embodied <br />herein in writing. No subsequent novation, renewal, addition, deletion, or other <br />amendment hereto shall have any force or effect unless embodied in a written contract <br />executed and approved pursuant to STaTE fiscal rules, unless expressly provided for <br />herein. <br />7. Controlling Terms. In the event of conflicts or inconsistencies befinreen the terms of <br />this contract and conditions as set forth in any of the appendices, such conflicts or <br />inconsistencies shall be resolved by reference to the documents in the following order <br />of priority: (1) Colorado Special Provisions, (2) the remainder of this contract, and (3) <br />the Appendices. <br />8. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the <br />BORROWER'S PROJECT faCIIIt12S including buildings or any portion thereof, are damaged <br />or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the <br />PRO�ECT facilities or any part thereof shail be taken under the exercise of the power of <br />eminent domain, the BoRROwER shall cause the net proceeds of any insurance claim or <br />condemnation award to be applied to the prompt replacement, repair and restoration of <br />the PRO�ECT facilities or any portion thereof, or to repayment of this loan. Any net <br />proceeds remaining after such work has been completed or this loan has been repaid, <br />shall be retained by the BoRROwER. If the net insurance proceeds are insufficient to <br />pay the full cost of the replacement, repair and restoration, the BORROWER shall <br />complete the work and pay any cost in excess of the net proceeds. In the event <br />BoRROwER chooses to repay the loan, BoRROwER shall remain responsible for the full <br />loan amount outstanding regardless of the amount of such insurance proceeds or <br />condemnation award. <br />9. Captions. The captions and headings contained in this contract are for convenience <br />and reference only and shall not be construed so as to define or limit the terms or <br />provisions contracted herein. <br />10. CWCB's Approval. This contract requires review and approval of plans, specifications, <br />and various other technical and legal documents. The GWCB's review of these <br />documents is only for the purpose of verifying BoRROwER`s compliance with this <br />Page 7 of 10 <br />