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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 facilities
<br /> 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 /> Loan Contract C150408C
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