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<br />3. Contract relationship. The parties to this contract intend that the relationship between them
<br />contemplated by this contract is that of lender-borrowe"r, not employer-employee. No agent,
<br />employee, or servant of the BORROWER shall be, or shall be deemed to be, an employee,
<br />agent, or servant of the STATE. The BORROWER will be solely and entirely responsible for its
<br />acts and the acts of its agents, employees, servants, engineering firms, construction firms,
<br />and subcontractors during the performance of this contract.
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<br />4. Complete integration of all understandings. This agreement is intended as the complete
<br />, integration of all understandings between the parties. No prior or contemporaneous addition,
<br />deletion, or other amendment hereto shall have any force or effect whatsoever unless
<br />embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other
<br />amendment hereto shall have any force or effect unless embodied in a written contract
<br />executed and approved pursuant to STATE fiscal rules, unless expressly provided for herein.
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<br />5. 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.
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<br />6. Eligible expenses. PROJECT costs eligible for financing by the STATE shall be limited to the
<br />cost of the purchase price of the PROJ.E<;;T water rights, the cost of engineering to evaluate
<br />the consumptive use of the rights tp .b~,,:p.I,Jr(~hased, the cost to install flow measuring
<br />equipment and the turnout (hydraulicrsfructure t te the augmentation water back to the
<br />river, and the cost of legal services ~~~r&:S rx,to, ,. c tion and delivery of this contract.
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<br />7. Appraisal of Water Rights. P~ior to . 'urse r han funds for the purchase of
<br />w" ater rights, th,e BORROWER shall provide toe sih.:~nVaisal of the water rights for the
<br />STATE'S review and approval. ~~, ,
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<br />8. STATE may release contract at its option. In its so ~#ion, the STATE may at any time
<br />give any consent, deferment, subordination, release, sati~on, or termination of any or all
<br />of the BORROWER'S obligations under this contract, with valuable consideration, upon such
<br />terms and conditions as the STATE may determine to be:
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<br />a. advisable to further the purposes of this contract or to protect the STATE'S financial interest
<br />therein, and
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<br />b. consistent with both the statutory purposes of this contract and the limitations of the
<br />statutory authority under which it is made.
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<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 condemnation
<br />award to be applied to the prompt replacement, repair and restoration of the PROJECT
<br />facilities or any portion thereof. Any net proceeds remaining after such work has been'
<br />completed shall be paid to the BORROWER. If the net proceeds are insufficient to pay the full
<br />cost of the replacement, repair and restoration, the BORROWER shall complete the work and
<br />pay any cost in excess of the net proceeds.
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<br />10. Services of PROJECT available without discrimination. The BORROWER shall make the
<br />services of its water system available within its capacity to all qualified persons in the
<br />BORROWER'S service area without discrimination as to race, color, religion, or natural origin at
<br />reasonable charges (including assessments, taxes, or fees), whether for one or more classes
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<br />Columbine Ranches Property Owner's Association
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