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PROJC02202
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PROJC02202
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Last modified
9/27/2011 11:07:24 AM
Creation date
12/8/2008 4:09:50 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C150049
Contractor Name
Peoples Ditch Company
Contract Type
Loan
Water District
64
County
Logan
Loan Projects - Doc Type
Contract Documents
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~ ~ <br />and local laws and regulations that are in effect or may hereafter be established throughout the <br />term of this contract. <br />19. No Discrimination Of Services. The services of said PRO~ECT shall be made available within its <br />capacity and in accordance with all pertinent statutes, rules and regulations, and operational <br />guidelines to all persons in the BoRROwER's service area without discrimination as to race, color, <br />religion, or national origin at reasonable charges (including assessments or fees), whether for one <br />or more classes of service, in accordance with a schedule of such charges formally adopted by <br />the BORROWER, as may be modified from time to time. <br />B. The STATE agrees as follows: <br />1. Agreement To Loan Money. The STATE agrees to loan to the BORROwER an amount not to <br />exceed that specified in the Promissory Note Provisions of this contract. <br />2. Disbursements. After receipt of the periodic progress report from the BoRROwER, and review <br />and acceptance of the items therein as eligible expenses as described below, the STATE will pay <br />to the BoRROwER the arnount set forth in the report or such portion that has been approved by <br />the STATE. Such payment shall be made within thirty (30) days from the STATE's approval of <br />each progress report. <br />3. Release After Loan Is Repaid. Upon complete repayment to the STATE of the entire principal, all <br />accrued interest, and late charges, if any, as spe ''ed in the promissory note, the STATE agrees <br />to file a UCC-3 form with the Secretary a t t inate all of the STATE's rights in and to the <br />BORROWER's right to receive assess pledged to repay this loan, and to execute <br />releases of the Assignment of Certifi t o Depo '~Assignment of Deposit Account as <br />Security. <br />C. The STATE eCtd the BORROWER fll re~s ows: <br />1. Designated Agent Of The STArer e CWCB, which includes its agents and employees, is <br />hereby designated as the agent of the STATE for the purpose of this contract. <br />2. Contract Is Not Assignable. This contract is not assignable by the BoRROwER except with the <br />prior written approval of the STATE. <br />3. Contract Relationship. The parties to this contract intend that the relationship befinreen them <br />contemplated by this contract is that of lender-borrower, not employer-employee. No agent, <br />employee, or servant of the BoRROwER shall be, or shall be deemed to be, an employee, agent, <br />or senrant of the STATE. The BoRROwER shall be solely and entirely responsible for its acts and <br />the acts of its agents, employees, servants, engineering firms, construction firms, and <br />subcontractors during the performance of this contract. <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 embodied <br />hP!"~if! !f? ~N.~ltl~!~. ~O s~!bsP~~!en# !10~2t101?, rar~ayy~l~ a~i~iltinn~ fIPlPt10~1, or other amendment <br />hereto shall have any force or effect unless embodied in a written contract executed and <br />approved pursuant to STATE fiscal rules, unless expressly provided for herein. <br />5. In Event Of A Conflict. In the event of conflict befinreen the terms of this contract and conditions <br />as set forth in any of the appendices, the provisions of this contract shall control. <br />6. Eligible Expenses. PRO~ECT costs eligible for financing by the STATE shall be limited to the cost <br />of: <br />a. Preparing final designs and specifications for the PRO~ECT. <br />b. Preparing bid and construction contract documents. <br />c. Preparing environmental assessment or environmental impact statements, and otherwise <br />complying with the Federal National Environmental Policy Act. <br />
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