Laserfiche WebLink
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 <br /> PROJECT facilities or any part thereof shall be taken under the exercise of the power of <br /> eminent 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 <br /> the PROJECT facilities or any portion thereof, or to repayment of this loan. Any net <br /> proceeds remaining after such work has been completed or this loan has been repaid, <br /> shall be retained by the BORROWER. If the net insurance proceeds are insufficient to <br /> pay the full cost of the replacement, repair and restoration, the BORROWER shall <br /> 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 <br /> loan amount outstanding regardless of the amount of such insurance proceeds or <br /> condemnation award. <br /> 9. Captions. The captions and headings in this CONTRACT are for convenience of <br /> reference only, 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, <br /> specifications, and various other technical and legal documents. The CWCB's review <br /> of these documents is only for the purpose of verifying BORROWER'S compliance with <br /> this CONTRACT and shall not be construed or interpreted as a technical review or <br /> approval of the actual design or construction of the PROJECT. Notwithstanding any <br /> consents or approvals given to the BORROWER by the CWCB on any such documents, <br /> 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 <br /> CONTRACT, or any right or remedy hereunder, whether explicitly or by lack of <br /> enforcement, shall not be construed or deemed as a waiver of any subsequent <br /> breach of such term, provision or requirement, or of any other term, provision, or <br /> requirement. <br /> 12.CORA Disclosure. To the extent not prohibited by federal law, this CONTRACT and <br /> Loan Contract C150408A <br /> Page 8 of 12 <br />