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8. Casualty and eminent domain. If, at any time, during the term of this contract, (a) the <br />B RROWER'S PROJECT facilities, including buildings, or any portion thereof, are damaged or <br />dE stroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT <br />fa Jlities or any part thereof shall be taken under the exercise of the power of eminent domain, <br />th BORROWER shall cause the net proceeds of any insurance claim or condemnation award to <br />bE applied to the prompt replacement, repair and restoration of the PROJECT facilities or any <br />pc rtion thereof. Any net proceeds remaining after such work has been completed shall be paid to <br />th BORROWER. If the net proceeds are insufficient to pay the full cost of the replacement, repair <br />ar d restoration, the BORROWER shall complete the work and pay any cost in excess of the net <br />9. Sf rvices Of PROJECT available without discrimination. The BORROWER shall make the <br />SE ices of said PROJECT available within its capacity to all qualified persons in the BORROWER'S <br />SE ice area without discrimination as to race, color, religion, or natural origin at reasonable <br />c rges (including assessments, taxes, or fees), whether for one or more classes of service, in <br />a c -.ordance with a schedule of such charges formally adopted by the BORROWER through their <br />or linances or resolutions. <br />10. C ptions. That the captions and headings contained in this contract are for convenience and <br />re 6rence only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br />11. S1 ATE's approval. This contract requires revie��NN� and approval of plans, specifications, and <br />' <br />va ous other technical and legal docum TATI —AIE'S review of these documents is only for <br />the purpose of verifying the DISTRICT' a e WER'S compliance with this contract and <br />shall not be construed or interpreted ec V eview or approval of the actual design or <br />co struction of the PROJECT. Notwit ing nsents or approvals given to the DISTRICT <br />an /or the BORROWER by the STATE s cuments, the DISTRICT and /or the BORROWER <br />anJ its CONSULTANT, in prepan su uments shall be solely responsible for the <br />ac uracy and completeness of any of said dents. <br />12. <br />yes for mailing. All notices, cc <br />shall be delivered or mailed to the; <br />For the STATE: <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Bnce, or other documents required by this <br />addresses: <br />For the BORROWER: <br />Ute Water Conservancy District & Ute <br />Water Activity Enterprise <br />P.O. Box 460 <br />Grand Junction, CO 81502 -0460 <br />L PROVISIONS (6/97 version). State Fiscal Rule 3 -1 requires the inclusion of these <br />I Provisions in every STATE contract, including grants. <br />Contr ler's Approval <br />1. Th s contract shall not be deemed valid until it shall have been approved by the Controller of the State of <br />Cc orado or such assistant as he may designate. This provision is applicable to any contract involving <br />thE payment of money by the STATE. <br />FUND VAILABILITY <br />2. Fi ncial obligations of the State of Colorado payable after the current fiscal year are contingent upon <br />fu s for that purpose being appropriated, budgeted, and otherwise made available. <br />Ute Wapr Activity Enterprise and <br />Ute Wa r Conservancy District Page 10 of 13 <br />