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a <br />' rl. ' <br />2. Designated Agent Of The CWCB. The CWCB's employees are designated as the <br />agents of the CWCB for the purpose of this Contract. <br />3. Borrower's Agent. Gregory Baird, 15151 E. Alameda Parkway, Aurora, C080012. <br />Phone: 303-739-7000. Email: gbaird@auroragov.org. <br />4. Assignment. The BoRROwER may not assign this Contract except with the prior written <br />approval of the CWCB. <br />5. Contract Relationship. The parties to this Contract intend that the relationship <br />befinreen them under this Contract is that of lender-borrower, not employer-employee. <br />No agent, employee, or servant of the BoRROwER shall be, or shall be deemed to be, <br />an employee, agent, or servant of the CWCB: The BoRROwER shall be solely and <br />entirely responsible for its acts and the acts of its agents, employees, servants, <br />engineering firms, construction firms, and subcontractors during the term of this <br />Contract. <br />6. Integration Of Terms. This Contract, including its Appendices and Exhibits, is <br />intended as the complete integration of all understandings between the parties <br />concerning the Loan. No prior or contemporaneous addition, deletion, or other <br />amendment hereto shall have any force or effect whatsoever unless embodied herein <br />in writing. No subsequent novation, renewal, addition, deletion, or other amendment <br />hereto shall have any force or effect unless embodied in a written Contract executed <br />and approved pursuant to STaTE fiscal rules, unless expressly provided for herein. <br />7. Controlling Terms. In the event of conflicts or inconsistencies between the terms of <br />this Contract and conditions as set forth in any of the appendices, such conflicts or <br />inconsistencies shall be resolved by reference to the documents in the following order <br />of priority: (1) Colorado Special Provisions, (2) the General Ordinance, (3) the 2007 <br />CWCB Ordinance, (4) the remainder of this Contract, and (5) the Appendices. <br />8. Casualty and Eminent Domain. Application of funds from casualty insurance or <br />condemnation awards with respect to the Project shall be in accordance with Sections <br />6.21 and 6.24 of the General Ordinance. <br />9. Captions. The captions and headings contained in this Contract are for convenience <br />of reference only and shall not be construed so as to define or limit the terms or <br />provisions contracted herein. <br />10. CWCB's Approval. This Contract provides the CWCB with rights to review plans, <br />specifications, and various other technical and legal documents. The CWCB's review <br />of these documents is only for the purpose of verifying BoRROwER's compliance with <br />this Contract and shall not be construed or interpreted as a technical review or approval <br />of the actual design or construction of the PRO�ECr. Nofinrithstanding any consents or <br />approvals given to the BoRROwER by the CWCB on any such documents, BORROWER <br />and any of its consultants, by preparing any such documents, shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br />Loan Contract C150243 <br />Page 11 of 15 <br />