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(a) Approval of the loan for construction of the Projects by the Colorado Water <br /> Conservation Board on terms and conditions acceptable to the Authority including the <br /> approval by all of the Members of the loan's terms and conditions. <br /> ARTICLE 5 <br /> MISCELLANEOUS PROVISIONS <br /> 5.1. Binding Agreement. Both the TDA and the Authority intend that this Agreement <br /> shall be binding upon them. <br /> 5.2. Amendments. This Agreement may only be amended, changed, modified or <br /> altered in writing,signed by both parties hereto. <br /> 5.3. Governing Law. This Agreement shall be governed by and construed in <br /> accordance with the laws of the State of Colorado. <br /> 5.4. Jointly Drafted; Rules of Construction. The parties hereto agree that this <br /> Agreement was jointly drafted, and, therefore, waive the application of any law, regulation, <br /> holding or rule of construction providing that ambiguities in an agreement or other document <br /> will be construed against the party drafting such agreement or document. <br /> 5.5. Defined Terms. Capitalized terms used in this Agreement but not otherwise <br /> defined herein shall have the meanings set forth in the Master Plan. <br /> [The Remainder of Page Intentionally Left Blank. Signature Page Follows] <br /> • <br /> Page 7 of 10 <br />