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' herein. <br />Ca�trolling Terms, In the event of conflicts or inconsistencies between the terms of this <br />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 of <br />priority: (1) Colorado Special Provisions, (2) the remainder of this contract, and (3) the <br />Appendices. <br />s. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the <br />Bo�ROwER's PRO�EC� facitities induding buildings or any portion thereof, are damaged or <br />destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PRO�ECT <br />facili#ies or any part thereo# shall be taken under the exerase of #he power o# eminent <br />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 PROJECT 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 pay <br />the full cost of the replacement, repair and restoration, the BoRROwER shall complete the <br />work and pay any cost in excess of the net proceeds. In the event BoRROwER chooses <br />to repay the loan, BORROWER shall remain responsible for the full loan amount <br />outstanding regardless of the amount of such insurance proc.eeds or condemnation <br />award. <br />9. Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shaii not be construed so as to define or limit the terms or provisions <br />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 />documen#s is oMy for the purpose of veri#ying BoRROw�R's compliance with this contract <br />and shall not be construed or interpreted as a technical r+eview or approval of the actual <br />design or construction of the RRO�ECT. Notwiths#anding any consents or approvals given <br />to the BoRROwER by the CWCB on any such documents, BoRROwER and any of its <br />consultants, by preparing any such documents, shall be solely responsible for the <br />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 />�z. Addresses for maiiing. Ali 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 BORROWER and to the address below for the CWCB: <br />Colorado Water Conservation �oard <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Loan Contract C150293 <br />Page 8 of 11 <br />