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<br />and conditions as the CWCB may determine to be advisable to further the purposes of this <br />contract or to protect the CWCB's financial interest therein, and consistent with both the <br />statutory purposes of this contract and the limitations of the statutory authority under which <br />it is made. <br /> <br />9. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the <br />BORROWER'S PROJECT facilities, including buildings or any portion thereof, are damaged or <br />destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT <br />facilities or any part thereof shall be taken under the exercise of the power of eminent <br />domain, the BORROWER shall cause the net proceeds of any insurance claim or <br />condemnation award to be applied to the prompt replacement, repair and restoration of the <br />PROJECT facilities or any portion thereof, or to repayment of this loan. Any net proceeds <br />remaining after such work has been completed or this loan has been repaid, shall be <br />retained by the BORROWER. If the net insurance proceeds are insufficient to pay the full cost <br />of the replacement, repair and restoration, the BORROWER shall complete the work and pay <br />any cost in excess of the net proceeds. In the event BORROWER chooses to repay the loan, <br />BORROWER shall remain responsible for the full loan amount outstanding regardless of the <br />amount of such insurance proceeds or condemnation award. <br /> <br />10. Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br /> <br />11. CWCB's Approval. This contract requires review and approval of plans, specifications, and <br />various other technical and legal documents. The CWCB's review of these documents is <br />only for the purpose of verifying BORROWER'S compliance with this contract and shall not be <br />construed or interpreted as a technical review or approval of the actual design or <br />construction of the PROJECT. Notwithstanding any consents or approvals given to the <br />BORROWER by the CWCB on any such documents, BORROWER and any of its consultants, <br />by preparing any such documents, shall be solely responsible for the accuracy and <br />completeness of any of said documents. <br /> <br />12. Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br />waiver of any other term, or of any subsequent breach of the same term. <br /> <br />13. Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall be delivered or mailed to the addresses shown in the Section 1 (BORROWER <br />Information) of the Project Summary, for the BORROWER and to the address below for the <br />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 (12/01 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants. <br /> <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> <br />This contract shall not be deemed valid until it has been approved by the Controller of the State <br />of Colorado or such assistant as he may designate. <br /> <br />Page 7 of 9 <br />