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a. Because the BORROWER is a"public entity" within the meaning of the Colorado <br />Govemmental Immunity Act, CRS 24-10-101, et sea•, as amended ("Act"), the <br />BORROwER shall at all #imes maintain such liability insurance, by commeraal policy or <br />self-insurance as is necessary to meet its liabilities under the Act. <br />b. Prior to the disbursement of any loan funds, the BoRROwER shait provide the CWCB <br />with an Acord Form 25 or other form satisfactory to the CWCB evidencing said <br />insurance and shall provide the CWCB wi#h documen#ation of renewals of said <br />insurance. <br />�5. Additional Contract Requirements. Any additionai contract requirements are set forth <br />in Additional Contract Requirement (Section 6) of the Project Summary. <br />6. PROJECT PROVISfONS <br />1. Construction Fund Program Procedures. Quring the �mpletion of the PRO�ECr, the <br />BoRROwER shall adhere to the CWCB Construction Fund Program Procedures (Section <br />7) of the Project Summary. � <br />2. Eligible Expenses. The PRO�ECr expenses for which the BORROwER is eligible for <br />loan disbursements are listed in Eiigible Expenses (Section 8) of the Project <br />Summary. <br />3. Loan Disbursements. The CWCB shali disburse loan funds in accordance with the <br />Disbursement Schedule (Section 9) of the Project Summary. <br />4. Time for Performance. The BoRROwER recognizes that time is of the essence in the <br />perFormance of all of its obligations under this contract. Therefore, the BoRROVVER shall <br />complete tMe PRO,i�CT within #he time specified in Time for Performance (Section 10) of <br />the Project Summary. <br />5. Indemnification By The Construction Firm. The BORROWER shall require aii <br />Construction Firms and their subcontractors to indemnify the STaTE and the BoRROwER <br />against al( liability and loss, and against ail claims and ac#ions based upon or arising ou# <br />of damage or injury, including death, to persons or property, caused by any acts or <br />omissions of those parties or sustained in connection wi#h the performance of any <br />contract related to the PRO�ECT or by conditions created thereby, or based upon any <br />violation o# any statute, ordinance, or regulation, and the defense of any such claims or <br />actions. <br />6. Liability Insurance During Constru�tion. During construction Of th@ PROJECT, the <br />BoRROwER shall require the construction firm(s) and any subcontractors to maintain the <br />following insurance coverage in the limits shown during the term of their contracts for the <br />construction of the PRO�ECT. The BoRROwER shall provide the CWCB with an Acord <br />Form 27 evidencing said insurance prior to commencement of construction, maintained <br />until construction is complete, and shall provide the CWCB with documentation of <br />renewals of said insurance. No payments shall be made to the BoRROwER unless all <br />insurance certificates are current. <br />Loan Contract C150293 <br />Page 6 of 11 <br />