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<br />5, Contract Relationship. The parties to this contract intend that the relationship between
<br />them under this contract is that of lender-borrower, not employer-employee. No agent,
<br />employee, or servant of the BORROWER shall be, or shall be deemed to be, an employee,
<br />agent, or servant of the CWCB, The BORROWER shall be solely and entirely responsible
<br />for its acts and the acts of its agents, employees, servants, engineering firms,
<br />construction firms, and subcontractors during the term of this contract.
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<br />6. Compiete Integration Of All Understandings. This agreement is intended as the
<br />complete integration of all understandings between the parties, No prior or
<br />contemporaneous addition, deletion, or other amendment hereto shall have any force or
<br />effect whatsoever unless embodied herein in writing. No subsequent novation, renewal,
<br />addition, deletion, or other amendment hereto shall have any force or effect unless
<br />embodied in a written contract executed and approved pursuant to STATE fiscal rules,
<br />unless expressly provided for herein.
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<br />7. In Event Of A Conflict. In the event of conflict bet\/oJeen the terms of this contract and
<br />conditions as set forth in any of the appendices, the provisions of this contract shall
<br />control.
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<br />8. CWCB May Release Contract. In its sole discretion, the CWCB may atany time give any
<br />consent, deferment, subordination, release, satisfaction, or termination of any or all of the
<br />BORROWER'S obligations under this contract, with valuable consideration, upon such terms
<br />and conditions as the CWCB may determine to be advisable to further the purposes of
<br />this contract or to protect the C\^!CB's financial interest therein, and consistent with both
<br />the statutory purposes of this Contract and the limitations of the statutory authority under
<br />which it is made.
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<br />9. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the
<br />BORROWER'S PROJECT facilities including buildings or any portion thereof, are damaged or
<br />destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT
<br />facilities or any part thereof shall be taken under the exercise of the power of eminent
<br />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 PROJECT facilities or any portion thereof, or to repayment of this loan. Any net
<br />proceeds remaining after such work has been completed shall be retained by the .
<br />BORROWER. If the net insurance proceeds are insufficient to pay the full cost of the
<br />replacement, repair and restoration, the BORROWER shall complete the work and pay any
<br />cost in excess of the net proceeds. In the event Borrower opts to repay the loan,
<br />Borrower shall remain responsible for the full loan amount outstanding regardless of the
<br />amount of such insurance proceeds or condemnation award.
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<br />10, Captions. The captions and headings contained in this contract are for convenience and
<br />reference only and shall not be construed so as to define or limit the terms or provisions
<br />contracted herein.
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<br />11. CWeB's Approval. This contract requires review and approval of plans, specifications,
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<br />Loan Contract
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