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C150306 contract docs
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C150306 contract docs
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Last modified
8/12/2011 3:15:57 PM
Creation date
6/22/2011 3:43:01 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C150306
Contractor Name
Consolidated Extension Canal Company
Contract Type
Loan
Water District
0
County
Bent
Loan Projects - Doc Type
Contract Documents
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damage. <br /> C. GENERAL PROVISIONS <br /> 1. Periodic Inspections. Throughout the term of this contract, the BORROWER shall <br /> permit a designated representative of the CWCB to make periodic inspections of the <br /> PROJECT. Such inspections shall cover the condition of the PROJECT, operating records, <br /> maintenance records, and financial records. These inspections are solely for the <br /> purpose of verifying compliance with the terms and conditions of this contract and shall <br /> not be construed nor interpreted as an approval of the actual design, construction or <br /> operation of any element of the PROJECT facilities. <br /> 2. Applicable Laws. The BORROWER shall strictly adhere to all applicable federal, state, <br /> and local laws and regulations that are in effect or may hereafter be established <br /> throughout the term of this contract. <br /> 3. 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 /> 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 /> between 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 is intended as the complete integration of all <br /> understandings between 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 /> PROJECT 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 /> Loan Contract C150306 <br /> Page 7 of 11 <br />
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