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1. Designated Agent Of The STATE. The CWCB, which includes its agents and employees, is <br />hereby designated as the agent of the STATE for the purpose of this contract. <br />2. Contract Is Not Assignable. This contract is not assignable by the BORROWER except with <br />the prior written approval of the STATE. <br />3. Contract Relationship. The parties to this contract intend that the relationship between <br />them contemplated by this contract is that of lender- borrower, not employer - employee. No <br />agent, employee, or servant of the BORROWER shall be, or shall be deemed to be, an <br />employee, agent, or servant of the STATE. The BORROWER shall be solely and entirely <br />responsible for its acts and the acts of its agents, employees, servants, engineering firms, <br />construction firms, and subcontractors during the performance of this contract. <br />4. Complete Integration Of All Understandings. This agreement is intended as the <br />complete integration of all understandings between t rties. No prior or <br />contemporaneous addition, deletion, or other amendment Mketo all have any force or <br />effect whatsoever unless embodied herein in wri ' No su Veq nt n ovation, renewal, <br />addition, deletion, or other amendment hereto s 11 have rce or effect unless <br />embodied in a written contract execute approve ursuant to STATE fiscal rules, unless <br />expressly provided for herein. <br />5. In Event Of A Confli ct. 11 the eve onflict between the terms of this contract and <br />conditions as set forth n of the appendices, the provisions of this contract shall control. <br />6. Eligible Expenses. PROJE costs eligible for financing by the STATE shall be limited to the <br />cost of: <br />a. Preparing final designs and specifications for the PROJECT. <br />b. Preparing bid and construction contract documents. <br />c. Preparing environmental assessment or environmental impact statements, and <br />otherwise complying with the Federal National Environmental Policy Act. <br />d. Complying with all federal, state, and local regulatory requirements, including the <br />obtaining of all required permits. <br />e. Fish and wildlife mitigation measures required by federal, state, or local laws and <br />regulations. <br />f. Actual construction as called for in the design documents and in change orders <br />approved by the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM. <br />g. Engineering services for construction management, including design and construction <br />management for STATE- approved change orders. <br />h. Legal services for reviewing engineering services contracts, reviewing this contract, <br />reviewing construction contract documents, and for complying with all federal, state, and <br />local regulatory requirements. Legal services must be approved by the STATE in writing <br />and in advance to be eligible for financing by the STATE. <br />Ryan Gulch Reservoir Company Page 9 of 13 Loan Contract <br />