LPPD000425 ‎(2)‎

• Contract/PO #: C150136
• Contractor Name: Stieb Brothers, Inc.
• Contract Type: Loan
• Water District: 0
• County: Logan
• Loan Projects - Doc Type: Contract Documents

and local laws and regulations that are in effect or may hereafter be established
throughout the term of this contract.

3. Designated Agent Of The CWCB. The CWCB's employees are designated as the
agents of the CWCB for the purpose of this contract.

4. Assignment. The BORROWER may not assign this contract except with the prior written
approval of the CWCB.

5. Contract Relationship. The parties to this contract intend that the relationship
between them under this contract is that of lender-borrower, notemployer-ernployee.
No agent, employee, or servant of the BORROWER shall be, or shall be deemed to be,
an employee, agent, or servant of the CWCB. The BORROWER shall be solely and
entirely responsible for its acts and the acts of its agents, employees, servants,
engineering firms, construction firms, and subcontractors during the term of this
contract.

6. Integration of Terms. This contract is intended as the complete integration of all
understandings between the parties. No prior or contemporaneous addition, deletion,
or other amendment hereto shall have any force or effect whatsoever unless embodied
herein in writing. No subsequent novation, renewal, addition, deletion, or other
amendment hereto shall have any force or effect unless embodied in a written contract
executed and approved pursuant to STATE fiscal rules, unless expressly provided for.
herein.

7. Controlling Terms. In the event of conflicts or inconsistencies between the terms of
this contract and conditions as set forth in any of the appendices, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order
of priority: (1) Colorado Special Provisions, (2) the remainder of this contract, and (3)
the Appendices.

8. CWCB May Release Contract. In its sole discretion, the CWCB may at any time give
any consent, deferment, subordination, release, satisfaction, or termination of any or all
of the BORROWER'S obligations under this contract, with valuable consideration, upon
such terms and conditions as the CWCB may determine to be advisable to further the
purposes of this contract or to protect the CWCB's financial interest therein, and
consistent with both the statutory purposes of this contract and the limitations of the
statutory authority under which it is made.

9. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the
BORROWER'S PROJECT facilities, including buildings or any portion thereof, are damaged
or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the
PROJECT facilities or any part thereof shall be taken under the exercise of the power of
eminent domain, the BORROWER shall cause the net proceeds of any insurance claim or
condemnation award to be applied to the prompt replacement; repair and restoration of
the PROJECT facilities or any portion thereof, or to repayment of this loan. Any net
proceeds remaining after such work has been completed or this loan has been repaid,
shall be retained by the BORROWER. If the net insurance proceeds are insufficient to
pay the full cost of the replacement, repair and restoration, the BORROWER shall
complete the work and pay any cost in excess of the net proceeds. In the event

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