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BORROWER's PRO~ECT facilities and/or property pledged as col{ateral for this loan, 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 PRO~ECT facilities or any part thereof shall be taken under the exercise of the power of eminent domain, the BORROWER Sh811 cause fhe net proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, repair and restoration of the PRO~ECT facilities or any portion thereof. Any net proceeds remaining after such work has been completed shall be paid to the Bo~ROwER. If the net 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. 8. 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. 9. Srare's Approval. This contract requires review and approval of plans, specifications, and various other technical and legal documents. The STATE'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 technical review or approval of the actual design or construction of the PRO~ECY. Notwithstanding any consents or approvals given to the BORROwER by the STATE On any such documents, BORROWER a~d ItS CONSULTANT, by preparing any such documents, shall be solely responsible for the accura,cy and completeness of any of said documents. 10. Waiver. The waiver 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. 11. Addresses for mailing. All notices, correspondence, or other documents required by this contract shall be delivered or mailed to the following addresses: FOf thG' $TATE: FOf th2 BORROWER: Colorado Water Conservation Board The Excelsior lrrigating Company Attn: Cons.: ;~ction Fund Section 231 Nyberg Road 1313 Sherman St~eet, Raom 721 Pueblo, CO 81006 Denver, CO 80203 D. SPEClA~ PR~}r~sioNS (97 version). These Special Provisions are required by Fiscal Rule 3-1 to be uszd in svery State contract, including grants. Controller's Approval ~. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any cont--act involving the payment of money by the STATE. Fund Availability 2. F;nar~cia~ ~uligations of tne State of Coiorad~ payable after t1~e current fiscal year are Excelsior Irrigating Company Page 11 of 15 Loan Contract