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� <br />person, other than a bona fide employee working solely for the BoRROwER, to solicit <br />or secure this contract and has not paid or agreed to pay any person, company, <br />corporation, individual, or firm, other than a bona fide employee, any fee, <br />commission, percentage, gift, or other consideration contingent upon or resulting <br />from the award or the making of this contract. <br />10. Remedies For Default. Upon default in the payments to be made by the BoRROwER <br />under this contract, or default in the performance of any covenant or agreernent <br />contained herein, the CWCB, at its option, may: <br />a. declare the entire principal amount, accrued interest, and lafe charges, if any, then <br />outstanding immediately due and payable; and/or <br />b. take any other appropriate action. <br />All remedies described herein may be simultaneously or selectively and successively <br />enforced. The CWCB may enforce the provisions of this contract at its option without <br />regard to prior waivers of previous defaults by the BORROWER through judicial <br />proceedings to require specific perForrnance of this contract, or by such other <br />proceedings in law or equity as may be deemed necessary by the CWCB to ensure <br />compliance with provisions of this contract and the laws and regulations under which this <br />contract is executed. The CWCB's exercise of any or all of the remedies described <br />herein shall not relieve the BoRROwER of any of its duties and obligations under this <br />contract. <br />11. BoRttoweR's Liability. The BORROWER, as a Federal agency, is limited by Federal <br />law in the manner in which it may subject itself to liability through contract, .including this <br />LOAN CONTRACT, particularly for tortious, as opposed to contractual, claims. The <br />Federal Anti-DeficiencyAct (31 U.S.C. 1341(a)j fegally prohibits the BORROWER from <br />indemnifying, saving or holding harmless the CWCB under this LOAN CONTRACT. A <br />Federal agency may not indemnify, save or hold harmless another entity without <br />specific authorization of Congress. The BORROWER has obtained no such <br />authorization for this LOAN CONTRACT. The CWCB agrees to make all non-contract <br />based claims against the BORROWER under the Federal Tort Claims Act, 28 U.S.C. <br />2671. Th.e BORROWER'S ability to pay meritorious claims under the Federal Tort <br />Claims Act is backed by the Federal Government's Judgment Fund. Federal agencies, <br />including the BORROWER, are generally prohibited from purchasing and carrying <br />insurance. Federal agencies, including the BORROWER in this regard, are in effect <br />self-insured for these types of claims. 19 Comp. Gen. 211 (1939). <br />B. GENERAL PROVISIONS <br />1. Adhere To Applicable Laws. The BORROWER Shall strictly adhere to all applicable <br />Federal, state, and local laws and regulations that are in effect or may hereafter be <br />established throughout the term of this contract. <br />2. Designated Agent Of The STATE. The CWCB's agents and employees are hereby <br />designated as the agents of the STarE for the purpose of this contract. <br />3. Contract Is Not Assignable. The BoRROwER may not assign this contract except with <br />the prior written approval of the CWCB. <br />4. Contract Relationship. The parties to this contract intend that the relationship befinreen <br />Page 4 of 8 Loan Contract <br />