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B. The STATE <br />1. Agr <br />specified in <br />agrees as follows: <br />ant to loan money. The STATE agrees to loan to the BORROWER an amount not to exceed that <br />Promissory Note Provisions of this contract. <br />2. Disbur ements. After receipt of the periodic progress report from the BORROWER, and review and <br />acceptance of he items therein as eligible expenses as described below, the STATE will pay to the BORROWER <br />the amount set forth in the report or such portion that has been approved by the STATE. Such payment shall <br />be made withir thirty (30) days from the STATE's approval of each progress report. <br />3. Releasi after loan is repaid. Upon complete repayment to the STATE of the entire principal and any <br />accrued intereE t as specified in the promissory note provisions of this contract, the STATE agrees to file a UCC- <br />3 form with t Secretary of State to terminate all of the STATE's rights in and to the revenues pledged to <br />repay this loan and to release to the BORROWER any unused funds contained in the CD ACCOUNT that are not <br />needed for the final loan payment. <br />c. The STA and the BORROWER mutually agree as follows: <br />1. Desigr ated agent of the STATE. The CWCB, which includes its agents and employees, is hereby <br />designated as he agent of the STATE for the purpose ., his co a <br />2. Contract is not assignable. This contract is gn he DISTRICT or the BORROWER except with <br />the prior writt n approval of the STATE. <br />3. Contr 3ct relationship. The parties tis rco rct intend that the relationship between them <br />contemplated y this contract is that of lender- b�Ff-bwer, not, 'employer- employee. No agent, employee, or <br />servant of the DISTRICT or the BORROWER shall be, or shall be,deemed to be, an employee, agent, or servant of <br />the STATE. Tf e DISTRICT and the BORROWER shall be soAe(yand entirely responsible for their acts and the acts <br />of their agent;, employees, servants, engineering fir onstruction firms, and subcontractors during the <br />performance f this contract. <br />4. Integ tion of all understandings. This agreement is intended as the complete integration of all <br />understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment <br />hereto shall hi ive any force or effect whatsoever unless embodied herein in writing. No subsequent novation, <br />renewal, addi ion, deletion, or other amendment hereto shall have any force or effect unless embodied in a <br />written contu ct executed and approved pursuant to STATE fiscal rules. <br />5. Waiv The waiver of any breach of a term of this contract shall not be construed as a waiver of any <br />other term, 1-of any subsequent breach of the same term. <br />6. Eligiblt expenses. PROJECT construction costs eligible for financing by the STATE shall be limited to the <br />cost of: <br />a. P4eparing final designs and specifications for the PROJECT. <br />b. Pleparing bid and construction contract documents. <br />c. P paring environmental assessment or environmental impact statements, and otherwise complying <br />with Ithe Federal National Environmental Policy Act. <br />d. gmplying with all federal, state, and local regulatory requirements, including the obtaining of all <br />requ ed permits. <br />e. F sh and wildlife mitigation measures required by federal, state, or local laws and regulations. <br />Orchard ME sa Irrigation District & Page 8 of 12 Loan Contract <br />Mutual MeE a Lateral Enterprise <br />