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consistent with both the statutory purposes of this contract and the limitations of the <br />statutory authority under which it is made. <br />9. Casualty and Eminent Domain. If, at any time, during the term of this contract, ,(a) the <br />BORRO�IVER PRO�ECT facili#ies 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 shall be taken under the exercise of the power of <br />eminent domain, the BoRROwER shall cause the net proceeds of any insurance clairn 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 Sh811 <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 />10. 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 />11. CWCB's Appr�val. This ccntract requires review and approva! of pl�ns, specifications, <br />and various other technical and legal documents. The CWCB's review of these <br />documents is only for the purpose of verifying BORROwER compliance with this <br />contract and shall not be construed or interpreted as a technical review or approval of <br />the actual design or construction of the PRO�ECT. 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 />12. Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br />waiver of any other term or of any subsequent breach of the same term as otherwise <br />provided herein. <br />13. Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Project <br />Summary, Section 1 for the BoRROwER and to the address below for the CWCB: <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />SPecw� PROV�sioNS (12/01 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract including grants. <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of the State <br />of Colorado or such assistant as he may designate. <br />Page 8 of 10 <br />i <br />