Laserfiche WebLink
and financial records. These inspections are solely for the purpose of verifying compliance with <br />the terms and conditions of this contract and shall not be construed nor interpreted as an approval <br />of the actual design, construction or operation of any element of the PROJECT facilities. <br />2. Adhere To 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 throughout the <br />term of this contract. <br />3. Designated Agent Of The SrATe. The CWCB's agents and employees are hereby designated <br />as the agents of the CWCB for the purpose of this contract. <br />4. Contract Is Not Assignable. The BoRROwER may not assign this contract except with the prior <br />written approval of the CWCB. <br />5. Contract Relationship. The parties to this contract intend that the relationship between them <br />under this contract is that of lender-borrower, not employer-employee. No agent, employee, or <br />servant of the BoRROwER shall be, or shall be deemed to be, an employee, agent, or servant of <br />the CWCB. The BoRROwER shall be le ' ely responsible for its acts and the acts of its <br />agents, employees, servants, engine ' struction firms, and subcontractors during the <br />term of this contract. <br />6. Complete Integration Of All U r a i~eement is intended as the complste <br />integration of all understandings en ' e~ es. No prior or contemporaneous addition, <br />~ <br />deletion, or other amendment h shall have any force or effect whatsoever unless embodied <br />herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment <br />hereto shaff have any force or effect unless embodied in a written contract executed by both <br />parties and approved pursuant to State fiscal rules. <br />7. In Event Of A Conflict. In the event of conflict between the terms of this contract and conditions <br />as set forth in any of the appendices, the provisions of tf~is contract shall control. <br />8. CWCB May Release Contract. In its sole discretion, the CWCB may at any time give any <br />consent, deferment, subordination, release, satisfaction, or termination of any or all of the <br />BORROWER's obligations under this contract, with valuable consideration, upon such terms and <br />conditions as the CWCB may determine to be advisable to further the purposes of this contract or <br />to protect the CWCB's financial interest therein, and consistent with both the statutory purposes of <br />this contract and the limitations of the statutory authority under which it is made. <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 ~se of the PRO~ECT <br />facilities or any part thereof shall be taken under the exercise of the power of eminent domain, the <br />BoRROwER shall cause the net proceeds of any insurance claim or condemnation award to be <br />applied to the prompt replacement, repair and restoration of the PRO~ECT facilities or any portion <br />thereof, or to repayment of this loan. Any net proceeds remaining after such work has been <br />completed shall be retained by the BoRROwER. If the net insurance proceeds are insufficient to <br />pay the full cost of the replacement, repair and restoration, the BoRROwER shall complete the <br />work and pay any cost in excess of the net proceeds. In the event Borrower opts to repay the <br />loan, Borrower shall remain responsible for the full loan amount outstanding regardless of the <br />amount of such insurance proceeds or condemnation award. <br />10. Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br />11. CWCB's Approval. This contract requires review and approval of plans, specifications, and <br />Page 7 of 9 <br />