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C150118 contract docs
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C150118 contract docs
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Last modified
5/26/2011 8:44:01 AM
Creation date
12/10/2010 10:02:15 AM
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Loan Projects
Contract/PO #
C150118
Contractor Name
Kern Reservoir and Ditch Company
Contract Type
Loan
Water District
1
County
Weld
Bill Number
SB 03-110
Loan Projects - Doc Type
Contract Documents
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engineering firms, construction firms, and subcontractors during the term of this <br />contract. <br />6. Integration of Terms. This contract is intended as the complete integration of all <br />understandings befinreen the parties. No prior or contemporaneous addition, deletion, <br />or other amendment hereto shall have any force or effect whatsoever unless embodied <br />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 STATE fiscal rules, unless expressly provided for <br />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 remainder of this contract, and (3) <br />the Appendices. <br />8. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the <br />BORROWER'S PROJECT facilities including buildings or any portion 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 />PRO�ECT facilities or any part thereof shall be taken under the exercise of the power of <br />eminent domain, the BoRROwER 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�ECT 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 BoRROwER. If the net insurance proceeds are insufficient to <br />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 <br />BotzROwER chooses to repay the loan, BoRROwER shall remain responsible for the full <br />loan amount outstanding regardless of the amount of such insurance proceeds or <br />condemnation 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 />10. 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�ECT. 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 />11. 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 />12. 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 Section 1 <br />(BORROWER Information) of the Project Summary, for the BoRROwER and to the <br />Page 7 of 9 <br />
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