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ii. The provisions of the main body of this <br /> 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 /> 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 or deemed as a waiver of any subsequent <br /> breach of such term, provision or requirement, or of any other term, provision, or <br /> requirement. <br /> 12.CORA Disclosure. To the extent not prohibited by federal law, this CONTRACT and <br /> the performance measures and standards under CRS §24-103.5-101, if any, are <br /> subject to public release through the Colorado Open Records Act, CRS §24-72-101, <br /> et seq. <br /> 13.Binding Effect. All provisions herein contained, including the benefits and <br /> burdens, shall extend to and be binding upon the Parties' respective heirs, legal <br /> representatives, successors, and assigns. <br /> 14.Entire Understanding. This CONTRACT represents the complete integration of all <br /> understandings between the Parties and all prior representations and <br /> understandings, oral or written, are merged herein. Prior or contemporaneous <br /> Page 9 of 13 <br />