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<br /> c. Fort Lupton/Hudson pipeline
<br /> d. Morgan County pipeline
<br /> 6. STATE may release contract. In its sole discretion,the STATE may at any time give any consent, deferment,
<br /> subordination, release,satisfaction,or termination of any or all of the BORROWER'S and/or the CITY'S obligations under
<br /> this contract, upon such terms and conditions as the STATE may determine to be:
<br /> a. advisable to further the purposes of this contract or to protect the STATE'S financial interest therein, and
<br /> b. consistent with both the statutory purposes of this contract and the limitations of the statutory authority
<br /> under which it is made.
<br /> 7. Casualty and eminent domain. Without expense to the STATE, the BORROWER and the CITY shall duly and
<br /> promptly comply with all terms of the Allotment Contract, including without limitation those terms relating to the
<br /> BORROWER'S payment of charges and costs due thereunder. The BORROWER and the CITY agree to indemnify and hold
<br /> the STATE harmless from any liability as a result of the STATE'S interest in the CONTRACT RIGHTS relating to the Project
<br /> facilities. In addition, if at any time,during the term of this contract, (a) the Southern Water Supply Project facilities,
<br /> or any portion thereof, are damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use
<br /> of the PROJECT facilities, or any part thereof, shall be taken under the exercise of the power of eminent domain, the
<br /> STATE and the BORROWER and the CITY shall cause any portion of the net proceeds of any insurance claim or
<br /> condemnation award which belongs to the BORROWER or the CITY or over which the BORROWER or the CITY has any
<br /> control to be applied to the prompt replacement, repair and restoration of the PROJECT facilities or any portion
<br /> thereof. If the net proceeds for all of the entities participating in the PR CT are insufficient to pay the full cost of
<br /> the replacement, repair and restoration and the entities participating in • E ,••termine not to repair, replace
<br /> or restore the PROJECT facilities, the BORROWER or the CITY shall promp m..Z a • n of the net proceeds to
<br /> which it is entitled or over which it has control available to the Borrower, • . p . ly pay such funds to the
<br /> STATE as a partial payment of its obligations under this Contra
<br /> 8. Services of PROJECT available without discrimination.TIA
<br /> o h; th rvices of said PROJECT
<br /> available within its capacity to all qualified persons in the BORROWER'S serve a ',-. i • scrimination as to race,
<br /> color, religion, or natural origin at reasonable charges (including assessments, taxes, •' ''W. : , whether for one or
<br /> more classes of service, in accordance with a schedule of such charges formally adopted by the BORROWER through
<br /> its by-laws, as may be modified from time to time.
<br /> 9. Captions. That the captions and headings contained in this contract are for convenience and reference
<br /> only and shall not be construed so as to define or limit the terms or provisions contracted herein.
<br /> 10. STATE'S approval. This contract requires review and approval of plans, specifications, and various other
<br /> technical and legal documents. The STATE'S review of these documents is only for the purpose of verifying
<br /> BORROWER'S and or CITY'S compliance with this contract and shall not be construed or interpreted as a technical
<br /> review or approval of the actual design or construction of the PROJECT. Notwithstanding any consents or approvals
<br /> given the BORROWER and/or the CITY by the STATE on any such documents, BORROWER and/or the CITY and its
<br /> CONSULTANT preparing any such documents shall be solely responsible for the accuracy and completeness of any
<br /> of the construction documents.
<br /> 11. Addresses for mailing. All notices, correspondence, or other documents required by this contract shall be
<br /> delivered or mailed to the following addresses:
<br /> For the STATE: For the BORROWER:
<br /> Colorado Water Conservation Board City of Fort Morgan, Colorado, Water Works
<br /> 1313 Sherman Street, Room 721 and Distribution Enterprise
<br /> Denver, CO 80203 P. 0. Box 100, 710 E. Railroad
<br /> Attn: William P. Stanton Fort Morgan, CO 80701
<br /> Attn: Utilities Director
<br /> CITY OF FORT MORGAN, COLORADO, WATER
<br /> WORKS AND DISTRIBUTION ENTERPRISE Page 7 of 10 LOAN CONTRACT
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