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condemnation award to be applied to the prompt replacement, repair and restoration of <br />the PRO�ECr facilities or any portion ther�f, or to repayment of this loan. Any net <br />proceeds remaining after such work has been completed or this loan has been repaid, <br />shall be retained by the BoRROwER. If the net insurance proceeds are insufficient to pay <br />the full cost of the replacement, repair and restoration, the BoRROwER shait complete <br />the work and pay any cost in excess of the net proceeds. In the event BoRROwER <br />chooses to repay the loan, BoRROwER shall remain responsible for the fult loan amount <br />outstanding regardless of the amount of such insurance proceeds or condemna6on <br />award. <br />9. Captions. The captions and headings c�ntained in this contract are for c�nvenience <br />and reference only and shall not be oonstrued so as to define or limit the tenns or <br />provisions contracted herein. <br />10. CWCB's Approval. This contract requires review and approval of plans, specifications, <br />and various other technical and legal documents. The CWCB's review of these <br />documents is only for the purpose of verifying BoRROwER's compliance with this <br />contract and shall not be construed or interpreted as a technicai review or approval of <br />the actual design or construction of the PRO�ECr. Notwithstanding any consents or <br />approvals given to the BoRROr�R by the CWCB on any such documents, BoRROw� <br />and any of its consultants, by preparing any sucfi documents, shalt be solely <br />responsible for the accuracy and completeness of any of said documents. <br />11. Wai�er. The waiver of any breach of a term of this contract shall not be construed as a <br />waiver of any o�er term, or of any subsequent breach of the same teRn. <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 in the Secfion 1 <br />(BORROWER Informa#ion) of the Project Summary, for the BORROWER and to #he <br />address below for fhe CWCB: <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />SPECIAL PROVISIONS (8/1/05 version). State Fiscal Rule 3 requires the inclusion of th p.tiv G <br />Special Provisions in every STnrE contract, including grants. <br />1. CONTROLLER'S APPROVAL. CRS 2430-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of the <br />State of Colorado or such assistant as he may designate. <br />2. FUND AVAILABILITY. CRS 2430-2U2 (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 made <br />available. <br />Page 8 of 11 <br />