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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 <br /> or 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 contained in this contract are for convenience <br /> and reference only and shall not be construed so as to define or limit the terms or <br /> provisions contracted herein. <br /> 10. CWCB's Approval. This contract requires review and approval of plans, specifications, <br /> and various other technical and legal documents. The CWCB's review of these <br /> documents is only for the purpose of verifying BORROWER'S compliance with this <br /> contract and shall not be construed or interpreted as a technical review or approval of <br /> the actual design or construction of the PROJECT. Notwithstanding any consents or <br /> approvals given to the BORROWER by the CWCB on any such documents, BORROWER <br /> and any of its consultants, by preparing any such documents, shall be solely <br /> responsible for the accuracy and completeness of any of said documents. <br /> ii. Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br /> waiver of any other term or of any subsequent breach of the same term. <br /> 12. Supplemental Public Securities Act. <br /> a. Section 11-57-204 of the Supplemental Public Securities Act, being Article 57 of <br /> Title 11, Colorado Revised Statutes (the "Supplemental " provides that a <br /> public entity, including the BORROWER, may elect in an act • . � o"apply all <br /> or any of the provisions of the Supplemental Act. T +- 471' • • -reby*so <br /> elects to apply all of the Supplemental Act to the Pr..I No -. ) • 0, <br /> b. Pursuant to Section 11-57-210 of the Supplemental A -• 4 , ate shall <br /> contain a recital that it is issued pursuant to certain provisi - - ental <br /> Act. Such recital shall be conclusive evidence of the vali. ty :.rity of <br /> the issuance of the Promissory Note after its delivery for value. <br /> c. Pursuant to Section 11-57-212 of the Supplemental Act, no legal or equitable <br /> action brought with respect to any legislative acts or proceedings of the <br /> BORROWER in connection with the authorization or issuance of the Promissory <br /> Note, including but not limited to the adoption of this Loan Agreement, shall be <br /> commenced more than thirty days after the authorization of the Promissory Note. <br /> Page 8 of 11 <br />