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• • <br /> contract or to protect the CWCB's financial interest therein, and consistent with both the <br /> statutory purposes of this Contract and the limitations of the statutory authority under which <br /> it is made. <br /> 9. 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 <br /> facilities or any part thereof shall be taken under the of; i..e of the power of eminent <br /> domain, the BORROWER shall cause the net proce¢d) 4 : any insurance claim or <br /> condemnation award to be applied to the prompt replaceme , -*air and restoration of the <br /> PROJECT facilities or any portion thereof, or to ref', t • this loan. Any net proceeds <br /> remaining after such work has been completed shIl, • ; ret F • • the :�RROWER. If the <br /> net insurance proceeds are insufficient to pay the full `o • r"eepla ent, repair and• <br /> restoration, the BORROWER shall complete the work and pay any c• }:xcess of the net <br /> proceeds. In the event Borrower opts to repay the loan, Borrower shall remain responsible <br /> for the full loan amount outstanding regardless of the amount of such insurance proceeds or <br /> condemnation award. <br /> 1o. Captions. The captions and headings contained in this contract are for convenience and <br /> reference only and shall not be construed so as to define or limit the terms or provisions <br /> contracted herein. <br /> ii. 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 <br /> only for the purpose of verifying BORROWER'S compliance with this Contract and shall not be <br /> construed or interpreted as a technical review or approval of the actual design or <br /> construction of the PROJECT. Notwithstanding any consents or approvals given to the <br /> BORROWER by the CWCB on any such documents, BORROWER and its CONSULTANT, by <br /> preparing any such documents, shall be solely responsible for the accuracy and <br /> completeness of any of said documents. <br /> 12. 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 /> 13. Addresses for mailing. All notices, correspondence, or other documents required by this <br /> contract shall be delivered or mailed to the addresses shown in the Project Summary, <br /> Section 1 for the Borrower and to the address below for the CWCB: <br /> Colorado Water Conservation Board <br /> Attn: Construction Fund Section <br /> 1313 Sherman Street, Room 721 <br /> Denver, CO 80203 <br /> SPECIAL PROVISIONS (12/01 version). State Fiscal Rule 3-1 requires the inclusion of these <br /> Special Provisions in every STATE contract, including grants. <br /> 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> Page 9 of 11 Loan Contract <br />