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<br />LOAN CONTRACT <br />Red Mesa Ward <br />Reservoir and Ditch Co. <br />Feasibility Study <br /> <br />9. (OTHER PROVISIONS): <br /> <br />9a. (The Colorado Water Conservation Board is designated agent of the State): <br />The Colorado Water Conservation Board, its agents and employees, is hereby designated as <br />the agent of the State for the purpose of this contract. <br /> <br />9b. (Contract is not assignable): This contract is personal in nature and assignment <br />of performance by the Borrower to another is prohibited unless prior approval in writing is <br />granted by the State. <br /> <br />9c. (Contract relationship is that of lender-borrower): The parties to this contract <br />intend that the relationship between them contemplated by this contract is that of <br />lender-borrower, not employer-employee nor principal-agent. ~o ent, employee, or <br />servant of the Borrower shall be, or shall be deemed to be, an po, agent, or servant of <br />the State. The Borrower will be solely and entirelyresponsib r its cts and the acts of <br />its agents, employees, servants, engineering firms, construction d subcontractors <br />during the performance of this contract. <br /> <br />9d. (Contract is a complete integration of all U~4-a-dingS): This agreement is <br />intended as the complete integration of all understandin~~u~n the parties. No prior or <br />contemporaneous addition, deletion, or other amendment hereto shall have any force or <br />effect whatsoever unless embodied herein in wne. . 0 subsequent notation, renewal, <br />addition, deletion, or other amendment hereto s I hay any force or effect unless embodied <br />in a written contract executed and approved pur t State fiscal rules. <br /> <br />.. ge. (State may release contract a its option): In its sole discretion, the State may <br />at any time and in writing give any conse deferment, subordination, release, satisfaction, <br />or termination of any or all of the Bo r obligations under this agreement, with or <br />without valuable consideration, upon such te and conditions as the State may determine <br />to be: (a) advisable to further the purposes of this contract or to protect the State's financial <br />interest therein, and (b) consistent with both the statutory purposes of this contract and the <br />limitations of the statutory authority under which it is made. <br /> <br />9f.(Borrower to hold the State harmless): The Borrower agrees to indemnify and <br />hold the State harmless from any liability as a result of the State's security interest in the <br />project facilities and any other, property identified in attached Deed of Trust, Appendix C. <br /> <br />9g. (Casualty and Eminent Domain): If, at any time, during the term of this <br />Contract, (a) the Borrower's collateral for this loan, including buildings, or any portion <br /> <br />Page 6 of 9 Pages <br />