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CT2015-152 Contract
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CT2015-152 Contract
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Last modified
2/17/2017 3:28:57 PM
Creation date
5/20/2015 2:35:50 PM
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Loan Projects
Contract/PO #
CT2015-152
CMS 77047
Contractor Name
Cortez, City of
Contract Type
Loan
County
Montezuma
Loan Projects - Doc Type
Contract Documents
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2. Applicable Laws. The BORROWER shall strictly adhere to all applicable federal, state, <br /> and local laws and regulations that are in effect or may hereafter be established <br /> throughout the term of this CONTRACT. <br /> 3. Designated Agent Of The CWCB. The CWCB's employees are designated as the <br /> agents of the CWCB for the purpose of this CONTRACT. <br /> 4. Assignment. BORROWER'S rights and obligations, under this CONTRACT, are <br /> personal and may not be transferred, assigned without the prior, written consent of <br /> CWCB. Any attempt at assignment without such consent shall be void. All <br /> assignments approved by BORROWER or CWCB are subject to all of the provisions <br /> hereof. <br /> 5. Contract Relationship. The parties to this CONTRACT intend that the relationship <br /> between them under this CONTRACT iS that of LENDER-BORROWER, not <br /> employer-employee. No agent, employee, or servant of the BORROWER shall be, or <br /> shall be deemed to be, an employee, agent, or servant of the CWCB. The BORROWER <br /> shall be solely and entirely responsible for its acts and the acts of its agents, <br /> employees, servants, engineering firms, construction firms, and subcontractors during <br /> the term of this CONTRACT. <br /> 6. Integration of Terms. This CONTRACT is intended as the complete integration of all <br /> understandings between the parties. No prior or contemporaneous addition, deletion, <br /> or other amendment hereto shall have any force or affect whatsoever unless <br /> embodied herein in writing. No subsequent renewal, addition, deletion, or other <br /> amendment hereto shall have any force or effect unless embodied in a written <br /> contract executed and approved pursuant to State fiscal rules, unless expressly <br /> provided for herein. <br /> 7. Order of Precedence. The provisions of this CONTRACT shall govern the <br /> relationship of the Parties. In the event of conflicts or inconsistencies between this <br /> CONTRACT and its exhibits and attachments, including, but not limited to, those <br /> provided by Contractor, such conflicts or inconsistencies shall be resolved by <br /> reference to the documents in the following order of priority: <br /> i. Colorado Special Provisions (provided that the parties hereby <br /> agree that, for the purposes of such Special Provisions <br /> "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, <br /> (a) the BORROWER'S PROJECT facilities, including buildings or any portion thereof, are <br /> damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or <br /> use of the PROJECT facilities or any part thereof shall be taken under the exercise of <br /> the power of eminent domain, the BORROWER shall cause the net proceeds of any <br /> insurance claim or condemnation award to be applied to the prompt replacement, <br /> Page 8 of 13 <br />
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