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C150176 contract docs
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C150176 contract docs
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Last modified
7/23/2010 3:18:05 PM
Creation date
7/21/2010 10:28:51 AM
Metadata
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Loan Projects
Contract/PO #
C150176
Contractor Name
Western Area Power Administration, U.S. Department of Energy
Contract Type
Loan
Water District
0
County
Statewide
Loan Projects - Doc Type
Contract Documents
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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 regard <br />to prior waivers of previous defaults by the BORROWER through judicial proceedings to <br />require specific performance of this contract, or by such other proceedings in law or equity as <br />may be deemed necessary by the CWCB to ensure compliance with provisions of this <br />contract and the laws and regulations under which this contract is executed. The CWCB's <br />exercise of any or all of the remedies described herein shall not relieve the BoRROwER of any <br />of its duties and obligations under this contract. <br />11 BORROWER'S LIablllt�/. TIl@ BORROWER as a Federal agency, is limited by Federal law in <br />the manner in which it may subject itself to liability through contract, including this Loarv <br />CONTRACT particularly for tortious, as opposed to contractual, claims. The Federal Anti- <br />Deficiency Act (31 U.S.C. 1341(a)) legally prohibits the BoRROwER from indemnifying, <br />saving or holding harmless the CWCB under this Loarv CoNTRacT. A Federal agency may <br />not indemnify, save or hold harmless another entity without specific authorization of <br />Congress. The BoRROwER has obtained no such authorization for this Loatv CorvTr�acT. <br />The CWCB agrees to make all non-contract based claims against the BoRROwEtz under <br />the Federal Tort Claims Act, 28 U.S.C. 2671. The BoRROwER's ability to pay meritorious <br />claims under the Federal Tort Claims Act is backed by the Federal Government's <br />Judgment Fund. Federal agencies, including the BoRROwER, are generally prohibited from <br />purchasing and carrying insurance. Federal agencies, including the BORROWER I►l thlS <br />regard, are in effect 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 Federal, <br />state, and local laws and regulations that are in effect or may hereafter be established <br />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 SraTE for the purpose of this contract. <br />3. Contract Is Not Assignable. The BoRROwER may not assign this contract except with the <br />prior written approval of the CWCB. <br />4. Contract Relationship. The parties to this contract intend that the relationship befinreen them <br />under this contract is that of lender-borrower, not employer-employee. No agent, employee, <br />or servant of the BoRROwER shall be, or shall be deemed to be, an employee, agent, or <br />servant of the CWCB. The BoRROwER shall be solely and entirely responsible for its acts and <br />the acts of its agents, employees, servants, engineering firms, construction firms, and <br />subcontractors during the term of this contract. <br />5. Complete Integration Of All Understandings. This agreement is intended as the complete <br />integration of all understandings between the parties. No prior or contemporaneous addition, <br />deletion, or other amendment hereto shall have any force or effect whatsoever unless <br />embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other <br />amendment hereto shall have any force or effect unless embodied in a written contract <br />executed and approved pursuant to SraTE fiscal rules, unless expressly provided for herein. <br />6. In Event Of A Conflict. In the event of conflict befinreen the terms of this contract and <br />conditions as set forth in any of the appendices, the provisions of this contract shall control. <br />7. 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 obligations under this contract, with valuable consideration, upon such terms and <br />Page 4 of 8 Loan Contract <br />
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