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effect unless embodied in a written contract executed and approved pursuant to STATE fiscal rules. 5. In event of a conflict. In the event of conflict between the terms of this contract and conditions as set forth in any of the appendices, the provisions of this contract shall control. 6. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of any other term, or of any subsequent breach of the same term. 7. Eligible expenses. PROJECT construction costs eligible for financing and/or refinancing by the STATE shall be limited to the cost of: a. Preparing final designs and specifications for the PROJECT. b. Preparing bid and construction contract documents. c. Preparing environmental assessment or environmental impact statements, and otherwise complying with the Federal National Environmental Policy Act. d. Complying with all federal, $tate, and local regulatory requirements, including the obtaining of all required permits. e. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations. f. Actual construction as called for in the design documents and in change orders approved by the STATE, the BORROWER, the CONSULTANTand'the CONSTRUCTI g. Engineering services for construction manageme management for:~TATE-ap1woved change orders;,,' Legal serVices "for reviewing engineering services construction contract docur.nents, and )or co ing wit requirements. Legal seryi'Ces mustb~.ajJprove e STA for financing by the STATE. . "" ", sign and construction this contract, reviewing te, and local regulatory and in advance to be eligible 8. STATE may release contract at'! consent, deferment, subordination, r obligations under this contract, with STATE may determine to be: a. advisable to further the purposes of this contractor to protect the STATE'S financial interest therein, and b. consistent with both the statutory purposes of this contract and the limitations of the statutory authority under which it is made. qle ,cretion, the STATE may at any time give any e, satis ri, or termination of any or all of the BORROWER'S a cqnsideration, upon such terms and conditions as the 9. Casualty and eminent domain. If, at any time during the term of this contract, (a) the BORROWER'S PROJECT facilities and/or property 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. Any net proceeds remaining after such work has been completed shall be paid to the BORROWER. If the net 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 e~cess of the net proceeds. 10. Captions. The captions and headings contained in this contract are for convenience and reference only and shall not be construed so as to define or limit the terms or provisions contracted herein. 11. STATE'S approval. This contract requires review and approval of plans, specifications, and various other technical and legal documents. The STATE'S review of these documents is only for the purpose of verifying the BORROWER'S compliance with this contract and shall not be construed or interpreted as a technical review or approval of the actual design or construction of the PROJECT rehabilitation. Notwithstanding any consents or approvals given the BORROWER by the STATE on any such The Consolidated Extension Canal Company Page 8 of.11 Loan Contract