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LPPD000447
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LPPD000447
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Last modified
3/9/2011 10:12:21 AM
Creation date
3/26/2007 10:43:49 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C150170
Contractor Name
North Poudre Irrigation Company
Contract Type
Loan
Water District
3
County
Larimer
Loan Projects - Doc Type
Contract Documents
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C. GENERAL PROVISIONS <br />1. Periodic Inspections. Throughout the term of this contract, the BoRROwER shall <br />permit a designated representative of the CWCB to make periodic inspections of the <br />PROJECT Such inspections shall cover the condition Of the PROJECT operating <br />records, maintenance records, and financial records. These inspections are solely <br />for the purpose of verifying compliance with the terms and conditions of this contract <br />and shall not be construed nor interpreted as an approval of the actual design, <br />construction or operation of any element of the PRO�ECr facilities. <br />2. Applicable Laws. The BORROwER shall strictly adhere to all applicable federal, <br />state, and local laws and regulations that are in effect or may hereafter be <br />established throughout the term of this contract. <br />3. Designated Agent Of The CWCB. The CWCB's employees are designated as the <br />agents of the CWCB for the purpose of this contract. <br />4. Assignment. The BoRROwER may not assign this contract except with the prior <br />written approval of the CWCB. <br />5. Contract Relationship. The parties to this contract intend that the relationship <br />between them under this contract is that of lender-borrower, not employer-employee. <br />No agent, employee, or servant of the BoRROwER shall be, or shall be deemed to be, <br />an employee, agent, or servant of the CWCB. The BoRROwER shall be solely and <br />entirely responsible for its acts and the acts of its agents, employees, servants, <br />engineering firms, construction firms, and subcontractors during the term of this <br />contract. <br />6. Integration of Terms. This contract is intended as the complete integration of all <br />understandings befinreen the parties. No prior or contemporaneous addition, deletion, <br />or other amendment hereto shall have any force or effect whatsoever unless <br />embodied herein in writing. No subsequent novation, renewal, addition, deletion, or <br />other amendment hereto shall have any force or effect unless embodied in a written <br />contract executed and approved pursuant to STATE fiscal rules, unless expressly <br />provided for herein. <br />7. Controlling Terms. In the event of conflicts or inconsistencies befinreen the terms of <br />this contract and conditions as set forth in any of the appendices, such conflicts or <br />inconsistencies shall be resolved by reference to the documents in the following order <br />of priority: (1) Colorado Special Provisions, (2) the remainder of this contract, and (3) <br />the Appendices. <br />8. Casualty and Eminent Domain. If, at any time, during the term of this contract, <br />(a) the BoRROwER's PRO�ECr facilities, including buildings or any portion thereof, are <br />damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or <br />use of the PRO�ECT facilities or any part thereof shall be taken under the exercise of <br />the power of eminent domain, the BoRROwER shall cause the net proceeds of any <br />insurance c{aim or condemnation award to be applied to the prompt replacement, <br />repair and restoration of the PRO�ECT facilities or any portion thereof, or to repayment <br />of this loan. Any net proceeds remaining after such work has been completed or this <br />Page 7 of 10 <br />
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