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to be applied to the prompt replacement, repair and restoration of <br />the Project facilities or any portion thereof. Any net proceeds <br />remaining after such work has been completed shall be paid to the <br />Contractor. If the net proceeds are insufficient to pay the full <br />cost of the replacement, repair and restoration, the Contractor <br />shall complete the work and pay any cost in excess of the net <br />proceeds (provided, however, that the Contractor shall be obligated <br />to pay any such cost in excess of net proceeds only to the extent <br />of any moneys available therefor in any funds created under this <br />Contract). <br />8. The Borrower hereby states that it has complied with all <br />statutory and other requirements to enable it to enter into this <br />Contract for the loan covered by this Contract, authorizing such <br />loan, authorizing the repayment of such loan, authorizing the <br />establishment of a separate reserve escrow account for the monies <br />received from the Platoro Reservoir Project, and establishing a <br />security interest in such funds. The documents evidencing such <br />authorization are attached hereto as Appendix C and incorporated <br />herein by this reference. The Borrower's performance of these <br />requirements are conditions precedent to any obligations of the <br />State to perform under this Contract. <br />The Borrower hereby state a d ms that the revenues from <br />water user and storage fees wh establish for Platoro Dam <br />and Reservoir (pursuant to -118, .R.S. and its other <br />authority) shall provide for the ��M� r"" o sufficient revenues <br />for: <br />(a). The managem , operation and maintenance of the <br />Platoro Dam and Reservoir; <br />(b) . Repayment of the loans covered by this Contract; and <br />(c). Establishment of and maintenance of the reserve <br />account required pursuant to this Contract. <br />During the term of this Contract, in the event that such fees are <br />or become insufficient to assure repayment of the loans as required <br />by the terms of this Contract, the Borrower shall immediately take <br />all necessary actions, including but not limited to making such <br />modifications to the rate schedule as the Borrower deems necessary <br />to efficiently and economically raise sufficient revenue to assure <br />repayment of the project loans to the State and to provide for the <br />financial requirements of the Platoro Dam and Reservoir. <br />The Borrower agrees not to terminate the Platoro Reservoir <br />Enterprise, nor adversely withdraw or deplete its assets, nor <br />otherwise adversely affect the Enterprise's ability to perform <br />during the term of this Contract. <br />C� <br />