C150392 Contract

• Contract/PO #: C150392
• Contractor Name: Sylvan Dale Ranch, LLLP
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

reference to the documents in the following order of priority:
i. Colorado Special Provisions (provided that the parties hereby agree
that, for the purposes of such Special Provisions "CONTRACTOR shall
mean "BORROWER")
ii. The provisions of the main body of this
CONTRACT
iii. Appendices
K. 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.
L. Captions. The captions and headings in this CONTRACT are for convenience of
reference only, and shall not be used to interpret, define, or limit its provisions.
M. 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.
N. Waiver. Waiver of any breach under a term, provision, or requirement of this
CONTRACT, or any right or remedy hereunder, whether explicitly or by lack of
enforcement, shall not be construed or deemed as a waiver of any subsequent
breach of such term, provision or requirement, or of any other term, provision, or
requirement.
O. CORA Disclosure. To the extent not prohibited by federal law, this CONTRACT and
the performance measures and standards under CRS §24-103.5-101, if any, are
subject to public release through the Colorado Open Records Act, CRS §24-72-101,
et seq.
P. Binding Effect. All provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal
Loan Contract C150392
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