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WHEREAS, in order to provide financing for the project, the Authority will issue a loan <br /> to the Governmental Agency from available funds of the Authority in an amount not to exceed <br /> the amount set forth in the loan commitment in Exhibit C hereto for financing of all or a portion <br /> of the cost of its proposed project; <br /> WHEREAS, the Governmental Agency will issue its bond to the Authority to evidence <br /> said loan from the Authority; <br /> NOW THEREFORE, for and in consideration of the award of the loan herein by the <br /> Authority, the Governmental Agency agrees to perform its obligations under this Loan <br /> Agreement in accordance with the conditions, covenants and procedures set forth herein and <br /> attached hereto as a part hereof, as follows: <br /> ARTICLE I. <br /> DEFINITIONS <br /> SECTION 1.01. Definitions. The following terms as used in this Loan Agreement <br /> shall, unless the context clearly requires otherwise,have the following meanings: <br /> "Act" means the "Colorado Water Resources and Power Development Authority Act," <br /> being Section 37-95-101 et seq. of the Colorado Revised Statutes, as the same may from time to <br /> time be amended and supplemented. <br /> "Authority" means the Colorado Water Resources and Power Development Authority, a <br /> body corporate and political subdivision of the State of Colorado with corporate succession duly <br /> created and validly existing under and by virtue of the Act. <br /> "Authorized Officer" means, in the case of the Governmental Agency,the person whose <br /> name is set forth in Paragraph (7) of Exhibit B hereto or such other person or persons authorized <br /> pursuant to a resolution of the governing body of the Governmental Agency to act as an <br /> Authorized Officer of the Governmental Agency to perform any act or execute any document <br /> relating to the Loan, the Governmental Agency Bond or this Loan Agreement whose name is <br /> furnished in writing to the Authority. <br /> "Commencement Date" means the date of commencement of the term of this Loan <br /> Agreement, as set forth in Paragraph(1) of Exhibit B attached hereto and made a part hereof. <br /> 2 <br />