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• • <br /> d. Complying with all federal, state, and local regulatory requirements, including the <br /> obtaining of all required permits. <br /> e. Fish and wildlife mitigation measures required by federal, state, or local laws and <br /> regulations. <br /> f. Actual construction as called for in the design documents and in change orders <br /> approved by the CWCB, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM. <br /> g. Engineering services for construction management, including design and construction <br /> management for CWCB-approved change orders. <br /> h. Legal services for reviewing engineering servic • tr- is reviewing this contract, <br /> reviewing construction contract documents, and f c• 4 •I all federal, state, and <br /> local regulatory requirements. . <br /> 3. Time for Performance. The BORROWER red ` es is of the essence in the <br /> performance of all of its obligations under this c•''tra . re he BORROWER shall <br /> complete the PROJECT within the time specified in Section • Performance) of the <br /> Project Summary. <br /> 4. Indemnification By The Construction Firm. The BORROWER shall require all Construction <br /> Firms and their subcontractors to indemnify the CWCB and the BORROWER against all <br /> liability and loss, and against all claims and actions based upon or arising out of damage or <br /> injury, including death, to persons or property, caused by any acts or omissions of those <br /> parties or sustained in connection with the performance of any contract related to the <br /> PROJECT or by conditions created thereby, or based upon any violation of any statute, <br /> ordinance, or regulation, and the defense of any such claims or actions. <br /> 5. Liability Insurance During Construction. The BORROWER shall require the Construction <br /> Firm and its subcontractors to maintain, during the term of their contracts for construction of <br /> the PROJECT, insurance with a company that is satisfactory to the CWCB, in the limits shown <br /> below. No payments shall be made to the BORROWER unless all proof of insurance is <br /> -- current. The BORROWER shall file notices of renewals of said policies with the CWCB as <br /> renewals occur. <br /> a. Worker's compensation and employer's liability insurance in the required statutory <br /> amounts. <br /> b. Automobile liability insurance that includes coverage for all owned, non-owned and hired <br /> vehicles with minimum limits of $1,000,000 combined single limit for bodily injury and <br /> property damage. <br /> c. Commercial general liability insurance with minimum limits of $1,000,000 combined <br /> single limit for each occurrence and $2,000,000 general aggregate. This insurance <br /> coverage shall include products/completed operations and personal injury. <br /> d. Builder's risk insurance for construction in progress for all perils of loss including fire, <br /> wind, hail, vandalism, and flood in an amount equal to the completed value of the <br /> PROJECT. <br /> Page 7 of 11 Loan Contract <br />