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Letter as described in the Changes Provision of this contract. <br /> 6. In Event Of A Conflict. In the event of conflict between the terms of this contract and <br /> conditions as set forth in any of the appendices, the provisions of this contract shall control. <br /> 7. Eligible Expenses. PROJECT costs eligible for financing and/or refinancing by the STATE <br /> shall be limited to the cost of: a <br /> a. Preparing final designs and specifications for the PROJECT 't <br /> b. Preparing bid and construction contract documents. <br /> c. Preparing environmental assessment or environme • a.�: a , a otherwise <br /> complying with the Federal National Environmental Policy Act. <br /> d. Complying with all federal, state, and local regulatory re'uirements, including the <br /> obtaining of all required permits. <br /> e. Fish and wildlife mitigation measures required by federal, -tate, or local laws and <br /> regulations. <br /> f. Actual construction as called for in the design documents and in change orders approved <br /> by the STATE,the BORROWER,the CONSULTANT and the CONSTRUCTION FIRM. <br /> g. Engineering services for construction management, including design and construction <br /> management for STATE-approved change orders. <br /> h. Legal services for reviewing engineering services contracts, reviewing this contract, <br /> reviewing construction contract documents, and for complying with all federal, state, and <br /> local regulatory requirements. Legal services must be approved by the STATE in writing <br /> and in advance to be eligible for financing by the STATE. <br /> 8. STATE May Release Contract. In its sole discretion, the STATE may at any time give any <br /> consent, deferment, subordination, release, satisfaction, or termination of any or all of the <br /> BORROWER'S obligations under this contract, with valuable consideration, upon such terms <br /> and conditions as the STATE may determine to be advisable to further the purposes of this <br /> contract or to protect the STATE'S financial interest therein, and consistent with both the <br /> statutory purposes of this contract and the limitations of the statutory authority under which it <br /> 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 and/or property pledged as collateral for this loan, including <br /> buildings or any portion thereof, are damaged or destroyed, in whole or in part, by fire or <br /> other casualty, or (b)title to or use of the PROJECT facilities or any part thereof shall be taken <br /> under the exercise of the power of eminent domain, the BORROWER shall cause the net <br /> proceeds of any insurance claim or condemnation award to be applied to the prompt <br /> replacement, repair and restoration of the PROJECT facilities or any portion thereof. Any net <br /> proceeds remaining after such work has been completed shall be paid to the BORROWER. If <br /> the net proceeds are insufficient to pay the full cost of the replacement, repair and <br /> restoration, the BORROWER shall complete the work and pay any cost in excess of the net <br /> The Agricultural Ditch and Reservoir Company Page 10 of 14 Loan Contract <br />