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of priority: (1) Colorado Specia! Provisions, (2) the remainder of this contract, and (3) <br />the Appendices. <br />8. CWCS May Release Contract. In its sole discretion, the CWCB may at any time give <br />any consent, deferment, subordination, release, satisfaction, or termination of any or all <br />Of the BORROWER obligations under .this contract, with valuable consideration, upon <br />such terms and conditions as the CWCB may determine to be advisable to further the <br />purposes of this contract or to protect the CWCB's financial interest therein, and <br />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 />BORROWER PROJECT facilities 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 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 beer� 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 />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 Approval. This contract requires review and approval of plans, 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's 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�ECr. Nofinrithstanding 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. <br />13.Addresses for mailing. All notices, eorrespondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Section 1 <br />(BORROWER Information) of the Project Summary, for the BORROWER and t0 the <br />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 />Page 7 of'9 <br />