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PROJC01885 (2)
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PROJC01885 (2)
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Last modified
8/1/2013 11:29:25 AM
Creation date
9/29/2008 12:54:42 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C150258
Contractor Name
Lower Arkansas Water Management Association
Contract Type
Loan
Water District
67
County
Bent
Prowers
Loan Projects - Doc Type
Contract Documents
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<br />damage. <br /> <br />C. GENERAL PROVISIONS <br /> <br />1. Periodic Inspections. Throughout the term of this contract, the BORROWER shall <br />permit a designated representative of the CWCB to make periodic inspections of the <br />PROJECT. Such inspections shall cover the condition of the PROJECT, operating records, <br />maintenance records, and financial records. These inspections are solely for the <br />purpose of verifying compliance with the terms and conditions of this contract and shall <br />not be construed nor interpreted as an approval of the actual design, construction or <br />operation of any element of the PROJECT facilities. <br /> <br />2. Applicable Laws. The BORROWER shall strictly adhere to all applicable federal, state, <br />and local laws and regulations that are in effect or may hereafter be established <br />throughout the term of this contract. <br /> <br />3. Designated Agent Of The CWCB. The CWCB's employees are designated as the <br />agents of the CWCB for the purpose of this contract. <br /> <br />4. Assignment The BORROWER may not assign this contract except with the prior written <br />approval of the CWCB. <br /> <br />5. Contract Relationship. The parties to this contract intend that the relationship <br />between them under this contract is that of lender-borrower, not employer-employee. <br />No agent, employee, or servant of the BORROWER shall be, or shall be deemed to be, an <br />employee, agent, or servant of the CWCB. The BORROWER shall be solely and entirely <br />responsible for its acts and the acts of its agents, employees, servants, engineering <br />firms, construction firms, and subcontractors during the term of this contract. <br /> <br />6. Integration of Terms. This contract is intended as the complete integration of all <br />understandings between the parties. No prior or contemporaneous addition, deletion, or <br />other amendment hereto shall have any force or effect whatsoever unless embodied <br />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 <br />herein. <br /> <br />7. Controlling Terms. In the event of conflicts or inconsistencies between the terms of <br />this contract and conditions as set forth in any of the appendices, such conflicts or <br />inconsistencies shall be resolved by reference to the documents in the following order of <br />priority: (1) Colorado Special Provisions, (2) the remainder of this contract, and (3) the <br />Appendices. <br /> <br />8. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the <br />BORROVVER'S PROJECT facilities, including buildings or any portion thereof, are damaged <br />or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the <br />PROJECT facilities or any part thereof shall be taken under the exercise of the power of <br />eminent 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 <br /> <br />Loan Contract C150258 <br />Page 7 of 11 <br />
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