Laserfiche WebLink
inspections shall cover the condition of the PROJECT, operating records, maintenance records, and <br /> financial records. These inspections are solely for the purpose of verifying compliance with the <br /> terms and conditions of this CONTRACT and shall not be construed nor interpreted as an approval of <br /> the actual design, construction or operation of any element of the PROJECT facilities. <br /> 2. Applicable Laws. The BORROWER shall strictly adhere to all applicable federal, state, and local <br /> laws and regulations that are in effect or may hereafter be established throughout the term of this <br /> CONTRACT. <br /> 3. Designated Agent Of The CWCB. The CWCB's employees are designated as the agents of the <br /> CWCB for the purpose of this CONTRACT. <br /> 4. Assignment. BORROWER'S rights and obligations, of this contract, hereunder are personal and <br /> may not be transferred, assigned without the prior, written consent of the State. Any attempt at <br /> assignment without such consent shall be void. All assignments approved by BORROWER or the <br /> State are subject to all of the provisions hereof. <br /> 5. Contract Relationship. The parties to this CONTRACT intend that the relationship between them <br /> under this CONTRACT is that of LENDER-BORROWER, not employer-employee. No agent, employee, <br /> or servant of the BORROWER shall be, or shall be deemed to be, an employee, agent, or servant of <br /> the CWCB. The BORROWER shall be solely and entirely responsible for its acts and the acts of its <br /> agents, employees, servants, engineering firms, construction firms, and subcontractors during the <br /> term of this CONTRACT. <br /> 6. Integration of Terms. This CONTRACT is intended as the complete integration of all <br /> understandings between the parties. No prior or contemporaneous addition, deletion, or other <br /> amendment hereto shall have any force or affect whatsoever unless embodied herein in writing. <br /> No subsequent renewal, addition, deletion, or other amendment hereto shall have any force or <br /> effect unless embodied in a written contract executed and approved pursuant to State fiscal rules, <br /> unless expressly provided for herein. <br /> 7. Order of Precedence. The provisions of this CONTRACT shall govern the relationship of the <br /> Parties. In the event of conflicts or inconsistencies between this CONTRACT and its exhibits and <br /> attachments, including, but not limited to, those provided by Contractor, such conflicts or <br /> inconsistencies shall be resolved by reference to the documents in the following order of priority: <br /> i. Colorado Special Provisions (provided that the parties hereby agree that, for the <br /> purposes of such Special Provisions "CONTRACTOR" shall mean "BORROWER") <br /> ii. The provisions of the main body of this CONTRACT <br /> iii. Appendices <br /> 8. Casualty and Eminent Domain. If, at any time, during the term of this CONTRACT, (a) the <br /> BORROWER'S PROJECT facilities, including buildings or any portion thereof, are damaged or <br /> destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT <br /> facilities or any part thereof shall be taken under the exercise of the power of eminent <br /> domain, the BORROWER shall cause the net proceeds of any insurance claim or <br /> condemnation award to be applied to the prompt replacement, repair and restoration of the <br /> PROJECT facilities or any portion thereof, or to repayment of this loan. Any net proceeds <br /> Loan Contract C150409C <br /> Page 7 of 12 <br />