C150346 Contract

• Contract/PO #: CT2015-041
• Contract/PO #: C150346
• Contractor Name: Roxborough Water and Sanitation District
• Contract Type: Loan
• Water District: 8
• County: Douglas
• Loan Projects - Doc Type: Contract Documents

hereto shall have any force or effect unless embodied in a written CONTRACT executed
and approved pursuant to State fiscal rules, unless expressly provided for herein.
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, provided that the parties hereby agree that,
for the purposes of such Special Provisions, (a) "Contractor" shall mean BORROWER (2)
the remainder of this CONTRACT, and (3) the Appendices.
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.
io. 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.
i i. 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 PROJECT
SUMMARY, Section 1 for the BORROWER and to the address below for the CWCB:
Loan Contract C150346
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