Laserfiche WebLink
conditions as the CWCB may determine to be advisable to further the purposes of this <br />contract or to protect the CWCB's financial interest therein, and consistent with both the <br />statutory purposes of this Contract and the limitations of the statutory authority under which it <br />is made. <br />8. Casualty. If, at any time, during the term of this contract th2 BORROWER�S PROJECT faCllltl@S <br />including buildings or any portion thereof, are damaged or destroyed, in whole or in part, by <br />fire or other casualty, the BoRROwER shall cause the net proceeds of any insurance claim to <br />be applied to the prompt replacement, repair and restoration of the PRO�ECT facilities or any <br />portion thereof, or to repayment of this loan. Any net proceeds remaining after such work has <br />been completed shall be retained by the BoRROwER. If the net insurance proceeds are <br />insufficient to pay the full cost of the replacement, repair and restoration, the BoRROwER shall <br />complete the work and pay any cost in excess of the net proceeds. In the event BoRROwER <br />opts to repay the loan BORROWER shall remain responsible for the full loan amount <br />outstanding regardless of the amount of such insurance proceeds. <br />9. Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br />10. Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br />waiver of any other term, or of any subsequent breach of the same term. <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall be delivered or mailed to the addresses shown below: <br />CWCB: Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />BORROWER U.S. Department of Energy Western Area Power Administration <br />P.O. Box 11606 <br />Salt Lake City, UT 84147-1534 <br />12. Venue. All disputes arising under this LOAN CONTRACT shall be resolved in the Federal <br />District Court for Colorado. To the maximum, extent possible, that Court shall comply with <br />SPEGIAL PROVISION 6. <br />13. General Contract Provisions Required by the Contractor. In the provisions (a through f) <br />of this Article No. 13, Western Area Power Administration shall be known as "Western" or <br />"United States," and the State of Colorado and/or CWCB shall be known as "State." <br />a. Contingent Upon Appropriations. Where activities provided for in the contract extend <br />beyond the current fiscal year, continued expenditures by the United States are <br />contingent upon Congress making the necessary appropriations required for the <br />continued performance of the United States obligations under the contract. <br />b. Covenant Against Contingent Fees. The State warrants that no person or selling <br />agency has been employed or retained to solicit or secure the contract upon an <br />agreement or understanding for a commission, percentage, brokerage, or contingent <br />fee, excepting bona fide employees or bona fide established commercial or selling <br />agencies maintained by the State for the purpose of securing business. <br />c. Contract Work Hours and Safety Standards. The contract, to the extent that it is of a <br />character specified in Section 103 of Contract Work Hours and Safety Standards Act <br />Page 5 of 8 Loan Contract <br />