C150124 Contract

• Contract/PO #: C150124
• Contractor Name: Shultz Farm, Inc.
• Contract Type: Loan
• Water District: 0
• County: Weld
• Bill Number: MC3
• Loan Projects - Doc Type: Contract Documents

inconsistencies shall be resolved by reference to the documents in the following order
of priority: (1) Colorado Special Provisions, (2) the remainder of this contract, and (3)
the Appendices.
8. CWCB May Release Contract. In its sole discretion, the CWCB may at any time give
any consent, deferlTlent, subordination, release, satisfaction, or termination of any or all
of the BORROWER'S obligations under this contract, with valuable consideration, upon
such terms and conditions as the CWCB may determine to be advisable to further the
purposes of this contract or to protect the CWCB's financial interest therein, and
consistent with both the statutory purposes of this contract and the limitations of the
statutory authority under which it is made.
9. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the
BORROWER'S PROJECT facilities, including buildings or any portion thereof, are damaged
or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the
PROJECT facilities or any part thereof shall be taken under the exercise of the power of
eminent domain, the BORROWER shall cause the net proceeds of any insurance claim or
condemnation award to be applied to the prompt replacement, repair and restoration of
the PROJECT facilities or any portion thereof, or to repayment of this loan. Any net
proceeds remaining after such work has been completed or this loan has been repaid,
shall be retained by the BORROWER. If the net insurance proceeds are insufficient to
pay the full cost of the replacement, repair and restoration, the BORROWER shall
complete the work' and pay any cost in excess of the net proceeds. In the event
BORROWER chooses to repay the loan, BORROWER shall remain responsible for the full
loan amount outstanding regardless of the amount of such insurance proceeds or
condemnation award.
10. Captions. The captions and headings contained in this contract are for convenience
and reference only and shall not be construed so as to define or limit the terms or
provisions contracted herein.
11. CWCB's ApprovaL This contract requires review and approval of plans, specifications,
and various other technical and legal documents. The CWeB's review of these
documents is only for the purpose of verifying BORROWER'S compliance with this
contract and shall not be construed or interpreted as a techn'ical review or approval of
the actual design or construction of the PROJECT. Notwithstanding any consents or
approvals given to the BORROWER by the CWCB on any such documents, BORROWER
and any of its consultants, by preparing any such documents, shall be solely
responsible for the accuracy and completeness of any of said documents.
12. Waiver. The waive'r of any breach of a term of this contract shall not be construed as a
waiver of any other term, or of any subsequent breach of the same term.
13. Addresses for mailing. All notices, correspondence, or other documents required by
this contract shall be delivered or mailed to the addresses shown in the Section 1
(BORROWER Information) of the Project Summary, 'for the BORROWER and to the
address below for the CWCB:
Colorado Water Conservation Board
Attn: Construction Fund Section
1313 Sherman Street, Room 721
Denver, CO 80203

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