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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 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 /> 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 apply the net proceeds of an insurance <br /> claim or a condemnation award to repayment of the loan, BORROWER shall repay the <br /> full loan amount outstanding regardless of the amount of such insurance proceeds or <br /> condemnation award. <br /> 9. Captions. The captions and headings in this CONTRACT are for convenience of <br /> reference only, and shall not be construed so as to 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 /> this CONTRACT and shall not be construed or interpreted as a technical review or <br /> approval of the actual design or construction of the PROJECT. Notwithstanding any <br /> consents or approvals given to the BORROWER by the CWCB on any such documents, <br /> BORROWER and any of its consultants, by preparing any such documents, shall be <br /> solely responsible for the accuracy and completeness of any of said documents. <br /> 11.Waiver. Waiver of any breach under a term, provision, or requirement of this <br /> CONTRACT, or any right or remedy hereunder, whether explicitly or by lack of <br /> enforcement, shall not be construed as or deemed as a waiver of any subsequent <br /> Page 8 of 12 <br />