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BORROWER's PRO�ECT facilities including buildings or any poriion thereof, are damaged <br />or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the <br />PROJECT facilities or any part thereof shall be taken under the exercise of the power of <br />eminent domain, the BoRROVVER shall cause the net proceeds of any insurance claim or <br />condemnation award to be applied to the prompt replacement, repair and restoration of <br />the PRO�ECr facilities or any portion thereof, or to repayment of this loan. Any net <br />proceeds remaining after such work has been completed or this loan has been repaid, <br />shall be retained by the BoRROVVER. If the net insurance proceeds are insufficient to pay <br />the full cost of the replacement, repair and restoration, the BoRROV►r�R shall complete <br />the work and pay any cost in excess of the net proceeds. In the event BoRROwER <br />chooses to repay the loan, BoRROVVER shall remain responsible for the full loan amount <br />outstanding regardless of the amount of such insurance proceeds or condemnation <br />award. <br />9. Captions. The captions and headings contained in this contract are for convenience <br />and reference only and shall not be construed so as to define or limit the terms or <br />provisions contracted herein. <br />io. CWCB's Approval. This contract requires review and approval of plans, specifications, <br />and various other technical and legal documents. The CWCB's review of these <br />documents is only for the purpose of verifying BoRROwER's compliance with this <br />contract and shall not be construed or interpreted as a technical review or approval of <br />the actual design or construction of the PRO�ECr. Notwithstanding 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 />i i. 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 />i2. Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Project <br />Summary, Section 1 for the BoRROVVE�a and to the address below for the CWCB: <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />SPeCin� PROViSioNS (4/1/04 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract, including grants. <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of the <br />State of Colorado or such assistant as he may designate. <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br />Financial obligations of the State of Colorado payable after the current fiscal year are <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br />Page 8 of 10 <br />