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~ • 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 shall cause the net proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, repair and restoration of the PRO.IECT facilities or any portion thereof. Any net proceeds remaining after such work has been completed shall be paid to the BoRROwER. 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. 9. Services of PRO~eCT available without discrimination. The services of said PRO~ECT shall be made available and in accordance with all pertinent statutes, rules and regulations and - operational guidelines without discrimination as to race, color, religion, or natural origin in accordance with a schedule of such rates formally adopted by the BORROWER, as may be modified from time to time. 10. Captions. That 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. "I 'I . STATE'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 the DisTRicT's and the 's compliance with this contract and shall not be construed or interpreted as a I or a proval of the actual design or construction of the PRO~ECT. Notwithstandii nse o p rovals given to the DisTRicT 8nd/O~ the BORROWER by the STATE Otl 8fly SUCh d t TRICT and/or the BORROWER and its CONSULTANT, in preparing any o all be solely responsible for the accuracy and completeness of any of sai e . 12. Addresses for mailing. All notices, c rrespondence, or other documents required by this contract shall be delivered or mailed to the following addresses: For the S7ATE: For the BORROWER: Colorado Water Conservation Board Silt Water Conservancy District & Silt Attn: Construction Fund Section Water Consenrancy District Water Activity Enterprise 1313 Sherman Street, Room 721 P.O. Box 8 Denver, CO 80203 Silt, CO 81652 And a copy to: Balcomb and Green P. O. Drawer 790 Glenwood Springs, CO 81602 D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special Provisions in every STATE contract, including grants. Controlter's Approval 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Co~orado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the STa,TE. Silt Water Conservancy District Water Activity Enterprise and Silt Water Conservancy District Page 10 of 13