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2. Time for PROJECT completion. The BORROWER recognizes that time is of the essence in the performance of all of its obligations under this contract. Therefore, the BORROWER shall commence with construction in order to complete the PROJECT no later than three (3) years from the date of this contract. The time for completion of the PROJECT may be extended subject to the approval of the STATE. The BORROWER must provide, in writing, documented justification for any request for extension sixty (60) days prior to the end of the period for completion. 3. Indemnification by the CONSTRUCTION FIRM. The BORROWER shall require all CONSTRUCTION FIRMS and their subcontractors to indemnify the STATE and the BORROWER against all liability and loss, and againsrall claims and actions based upon or arising out of damage or injury, including death, to persons or property, caused by any acts or omissions of those parties or sustained in connection with the performance of any contract related to the PROJECT or by conditions created thereby or based on any violation of any statute, ordinance, or regulation and the defense of any such claims or actions. 4. Liability insurance during construction. The BORROWER shall require the CONSTRUCTION FIRM and its subcontractors to maintain during the term of their contracts for construction of the PROJECT the following insurance with a company that is satisfactory to the STATE: a. Worker's compensation and employer's liability insurance in the required statutory amounts. b. Automobile liability insurance which includes coverage for all owned, non-owned and hired ~:~~~:With minimum limits of $1 .~oo.OO~GOmbined single limip Aiir and property c. Commercial general liability insurance with m.inimum lirft'l:$ ~~O,OOO combined single limit for........e... ach occurrence a.n. d $2,00...0,000 ge. n. e.....r....al aggre~r~1 hI' .lirfT. yverage shall includegroducts/completec!operatio';ls.and p~rs~nal injury. U ..I..J,L d. Builder's risk for construction in progress for all perils of loss including fire, wind, hail, vandalism, and flood in an amount equal to the completed value of the PROJECT. Said general liability insurance shall name the BORROWER and the STATE as additional insured. An additional insured endorsement and a current copy of a certificate of said liability insurance must be provided to the STATE prior to commencement of construction and maintained until construction is complete. No payments shall be made to the BORROWER unless all insurance certificates are current. Notices of renewals of said policies shall also be filed with the STATE as they occur. During the time of construction, the STATE reserves the right to increase the above amount of insurance so that said amounts at a minimum correspond to the amount established by the Colorado Governmental Immunity Act, now and as hereafter amended. 5. BORROWER'S indemnification of the STATE. The BORROWER shall, without expense or legal liability to the STATE, manage, operate, and maintain the PROJECT continuously in an efficient and economical manner. The BORROWER agrees to indemnify and hold the STATE harmless from any liability incurred by the STATE as a result of the STATE'S interest in the PROJECT facilities and any other property identified in the Collateral Provisions of this contract. 6. BORROWER'S liability insurance. Upon execution of this contract and continuing until complete repayment of the loan is made to the STATE, the BORROWER shall maintain commercial general liability insurance with a company that is satisfactory to the STATE covering the management, operation, and maintenance of the PROJECT with minimum limits of $1,000,000 combined single limit for each occurrence and $ 2,000,000 general aggregate, including products/completed operations and personal Injury. Windsor Reservoir and Canal Company Page 3 of 1 2 Loan Contract