Laserfiche WebLink
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 agree <br /> that, for the purposes of such Special Provisions "CONTRACTOR" shall <br /> 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 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 <br /> 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 /> repair and restoration of the PROJECT facilities or any portion thereof, or to repayment <br /> of this loan. Any net proceeds remaining after such work has been completed or this <br /> loan has been repaid, shall be retained by the BORROWER. If the net insurance <br /> proceeds are insufficient to pay the full cost of the replacement, repair and restoration, <br /> the BORROWER shall complete the work and pay any cost in excess of the net <br /> proceeds. In the event BORROWER chooses to repay the loan, BORROWER shall <br /> remain responsible for the full loan amount outstanding regardless of the amount of <br /> such insurance proceeds or condemnation award. <br /> 9. Captions. The captions and headings in this CONTRACT are for convenience of <br /> reference only, and shall not be used to interpret, define, or limit its provisions. <br /> 10.CWCB's Approval. This CONTRACT requires review and approval of plans, <br /> specifications, and various other technical and legal documents. The CWCB's review <br /> of these documents is only for the purpose of verifying BORROWER'S compliance with <br /> Page 8 of 12 <br />