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or any part thereof shall be taken under the exercise of the power of eminent domain, the <br /> BORROWER shall cause the net proceeds of any insurance claim or condemnation award to be <br /> applied to the prompt replacement, repair and restoration of the PROJECT facilities or any portion <br /> thereof, or to repayment of this loan. Any net proceeds remaining after such work has been <br /> completed or this loan has been repaid, shall be retained by the BORROWER. If the net insurance <br /> proceeds are insufficient to pay the full cost of the replacement, repair and restoration, the <br /> BORROWER shall complete the work and pay any cost in excess of the net proceeds. In the event <br /> BORROWER chooses to repay the loan, BORROWER shall remain responsible for the full loan amount <br /> outstanding regardless of the amount of such insurance proceeds or condemnation award. <br /> 9. Captions. The captions and headings in this CONTRACT are for convenience of reference only, <br /> and shall not be used to interpret, define, or limit its provisions. <br /> 10.CWCB's Approval. This CONTRACT requires review and approval of plans, specifications, and <br /> various other technical and legal documents. The CWCB's review of these documents is only for <br /> the purpose of verifying BORROWER'S compliance with this CONTRACT and shall not be construed or <br /> interpreted as a technical review or approval of the actual design or construction of the PROJECT. <br /> Notwithstanding any consents or approvals given to the BORROWER by the CWCB on any such <br /> documents, BORROWER and any of its consultants, by preparing any such documents, shall be <br /> solely responsible for the accuracy and completeness of any of said documents. <br /> 11.Waiver. Waiver of any breach under a term, provision, or requirement of this CONTRACT, or any <br /> right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed <br /> or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of <br /> any other term, provision, or requirement. <br /> 12.CORA Disclosure. To the extent not prohibited by federal law, this CONTRACT and the <br /> performance measures and standards under CRS §24-103.5-101, if any, are subject to public <br /> release through the Colorado Open Records Act, CRS §24-72-101, et seq. <br /> 13.Binding Effect. All provisions herein contained, including the benefits and burdens, shall <br /> extend to and be binding upon the Parties' respective heirs, legal representatives, successors, <br /> and assigns. <br /> 14.Entire Understanding. This CONTRACT represents the complete integration of all <br /> understandings between the Parties and all prior representations and understandings, oral or <br /> written, are merged herein. Prior or contemporaneous additions, deletions, or other changes <br /> hereto shall not have any force or effect whatsoever, unless embodied herein. <br /> 15.Severability. Provided this CONTRACT can be executed and performance of the obligations of <br /> the Parties accomplished within its intent, the provisions hereof are severable and any provision <br /> that is declared invalid or becomes inoperable for any reason shall not affect the validity of any <br /> other provision hereof, provided that the Parties can continue to perform their obligations under <br /> this CONTRACT in accordance with its intent. <br /> 16.Third Party Beneficiaries. Enforcement of this CONTRACT and all rights and obligations <br /> hereunder are reserved solely to the Parties. Any services or benefits which third parties receive <br /> as a result of this CONTRACT are incidental to the CONTRACT, and do not create any rights for <br /> Loan Contract C150409D <br /> Page 8 of 12 <br />