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<br />use of the PROJECT 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 claim or condemnation award to be applied to the prompt replacement, <br />repair and restoration of the PROJECT 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 />loan has been repaid, shall be retained by the BORROWER. If the net insurance <br />proceeds are insufficient to pay the full cost of the replacement, repair and restoration, <br />the BORROWER shall complete the work and pay any cost in excess of the net <br />proceeds. In the event BORROWER chooses to repay the loan, BORROWER shall <br />remain responsible for the full loan amount outstanding regardless of the amount of <br />such insurance proceeds or condemnation award. <br /> <br />9. 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 /> <br />10. CWCB's Approval. This contract requires review and approval of plans, <br />specifications, and various other technical and legal documents. The CWCB's review <br />of these documents is only for the purpose of verifying BORROWER'S compliance with <br />this contract and shall not be construed or interpreted as a technical review or <br />approval of the actual design or construction of the PROJECT. Notwithstanding any <br />consents or approvals given to the BORROWER by the CWCB on any such documents, <br />BORROWER and any of its consultants, by preparing any such documents, shall be <br />solely responsible for the accuracy and completeness of any of said documents. <br /> <br />11 . Waiver. The waiver of any breach of a term of this contract shall not be construed as <br />a waiver of any other term, or of any subsequent breach of the same term. <br /> <br />12. Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown hi the Section 1 <br />(BORROWER Information) of the Project Summary, for the BORROWER and to the <br />address below for the CWCB: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />SPECIAL PROVISIONS (7/03 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants. <br />1. CONTROLLER"S APPROVAL. CRS 24-30-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of <br />the State of Colorado or such assistant as he may designate. <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br />Financial obligations of the State of Colorado payable after the current fiscal year are <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br />made available.r3. INDEMNIFICATION. <br /> <br />Page 8 of 10 <br />