C150272 Contract

• Contract/PO #: C150272
• Contractor Name: Farmers Pawnee Canal Company, The
• Contract Type: Loan
• Water District: 0
• County: Logan
• Loan Projects - Doc Type: Contract Documents

7. Controlling Terms. In the event of conflicts or inconsistencies between the terms of
this contract and conditions as set forth in any of the appendices, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following
order of priority: (1) Colorado Special Provisions, (2) the remainder of this contract,
and (3) the Appendices.
8. Casualty and Eminent Domain. If, at any time, during the term of this contract,
(a) the BORROWER's PROJECT facilities, including buildings or any portion thereof, are
damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or
use of the PROJECT facilities or any part thereof shall be taken under the exercise of
the power of eminent domain, the BORROWER shall cause the net proceeds of any
insurance claim or condemnation award to be applied to the prompt replacement,
repair and restoration of the PROJECT facilities or any portion thereof, or to repayment
of this loan. Any net proceeds remaining after such work has been completed or this
loan has been repaid, shall be retained by the BORROWER. If the net insurance
proceeds are insufficient to pay the full cost of the replacement, repair and
restoration, the BORROWER shall complete the work and pay any cost in excess of the
net proceeds. In the event BORROWER chooses to repay the loan, BORROWER shall
remain responsible for the full loan amount outstanding regardless of the amount of
such insurance proceeds or condemnation award.
9. Captions. The captions and headings contained in this contract are for convenience
and reference only and shall not be construed so as to define or limit the terms or
provisions contracted herein.
10. CWCB's Approval. This contract requires review and approval of plans,
specifications, and various other technical and legal documents. The CWCB'S
review of these documents is only for the purpose of verifying BORROWER's
compliance with this contract and shall not be construed or interpreted as a technical
review or approval of the actual design or construction of the PROJECT.
Notwithstanding any consents or approvals given to the BORROWER by the CWCB on
any such documents, BORROWER and any of its consultants, by preparing any such
documents, shall be solely responsible for the accuracy and completeness of any of
said documents.
11. Waiver. The waiver of any breach of a term of this contract shall not be construed as
a waiver of any other term, or of any subsequent breach of the same term.
12. Addresses for mailing. All notices, correspondence, or other documents required
by this contract shall be delivered or mailed to the addresses shown in the Section 1
(BORROWER Information) of the Project Summary, for the BORROWER and to the
address below for the CWCB:
Colorado Water Conservation Board
Attn: Construction Fund Section
1313 Sherman Street, Room 721
Denver, CO 80203
Loan Contract C150272
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