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C~ <br />~ <br />c. apply the funds contained in the CD ACCOUrvT to the repayment of the loan; and/or <br />d. take any other appropriate action. <br />All remedies described herein may be simultaneously or selectively and successively enforced. <br />The provisions of this contract may be enforced by the STATE at its option without regard to prior <br />waivers of previous defaults by the DisTRicT and/or the BoRROwER, through judicial proceedings <br />to require specific performance of this contract, or by such other proceedings in law or equity as <br />may be deemed necessary by the STATE to ensure compliance with provisions of this contract <br />and the laws and regulations under which this contract is executed. The STaTE's exercise of any <br />or all of the remedies described herein shall not reiieve the DisrRicT and/or the BoRROwER of any <br />of their duties and obligations under this contract. <br />16. In event of a conflict. In the event of conflict between the terms and conditions as set forth in <br />the any of the appendices, the provisions of this contract shall control. <br />17. Periodic inspections. Throughout the term of this contract, the BORROwER shall permit a <br />designated representative of the STaTE to make periodic inspections of the PRO~ECT. Such <br />inspections are solely for the purpose of verifying compliance with the terms and conditions of <br />this contract. Furthermore, such inspections shall cover the condition of the PRO~ECT, operating <br />records, maintenance records, and financial records, and shall not be construed nor interpreted <br />as an approval of the actual design and/or co s f any element of the PRO~ECT facilities. <br />18. Progress reports. The BORROWER s~ eriodic progress report which contains a <br />statement of the PRO.IECT costs expend t at shall fonNard said statement to the <br />STATE. <br />19. Adhere to applicable laws. The T e BORROWER Shall strictly adhere to all <br />applicable federal, state, and local I nd regutations that are in effect or may hereafter be <br />~ established throughout the term of this contract. <br />20. No dissolution of water enterprise. The DisTRicT and the BoRROw~R agree not to terminate <br />or dissolve the BORROWER, nor adversely withdraw or deplete its assets, nor otherwise adversely <br />affect the BORROWER's ability to perform during the term of this contract. <br />B. The STaTE agrees as follows: <br />1. Agreement to loan money. The STATE agrees to loan to the BORROWER up to $100,000 at an <br />interest rate of 4% per annum for a term of thirty (30) years to finance PRO~ECT costs. <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 amount 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 completion of repayment to the STATE of the entire principal, <br />all accrued interest, and late charges, if any, as specified in the promissory note, the STATE <br />agrees to execute a release of seci~rity agreement to terminate all of the STaTE's rights in and to <br />the pledged revenues and to release to the BoRROwER any unused funds contained in the CD <br />ACCOUNT. <br />C. The STATE, the DISTRICT and the BORROWER mutually agree as follows: <br />1. Designated agent of the STaTE. The CWCB, which includes its agents and employees, is <br />hereby designated as the agent of the STATE for the purpose of this contract. <br />Silt Water Conservancy District Water Activiry Enterprise and <br />Silt Water Conservancy District Page 8 of 13 <br />