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iii. Appendices
<br /> 8. Controlling Terms. In the event of conflicts or inconsistencies between the terms of this
<br /> CONTRACT and conditions as set forth in any of the appendices, such conflicts or
<br /> inconsistencies shall be resolved by reference to the documents in the following order of
<br /> priority: (1) Colorado Special Provisions, provided that the parties hereby agree that, for the
<br /> purposes of such Special Provisions, (a) "Contractor" shall mean BORROWER (2) the
<br /> remainder of this CONTRACT, and (3)the Appendices.
<br /> 9. Casualty and Eminent Domain. If, at any time during the term of this CONTRACT, (a)the
<br /> BORROWER'S PROJECT facilities, including buildings or any portion thereof, are damaged or
<br /> destroyed, in whole or in part, by fire or other casualty, or (b)title to or use of the PROJECT
<br /> facilities or any part thereof shall be taken under the exercise of the power of eminent domain,
<br /> the BORROWER shall cause the net proceeds of any insurance claim or condemnation award
<br /> to be applied to the prompt replacement, repair and restoration of the PROJECT facilities or any
<br /> portion thereof, or to repayment of this loan. Any net proceeds remaining after such work has
<br /> been completed or this loan has been repaid, shall be retained by the BORROWER. If the net
<br /> insurance 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 /> proceeds. In the event BORROWER chooses to apply the net proceeds of an insurance claim
<br /> or a condemnation award to repayment of the loan, BORROWER shall repay the full loan
<br /> amount outstanding regardless of the amount of such insurance proceeds or condemnation
<br /> award.
<br /> 10. Captions. The captions and headings in this CONTRACT are for convenience of reference
<br /> only, and shall not be construed so as to define or limit its provisions.
<br /> 11. CWCB's Approval. This CONTRACT requires review and approval of plans, specifications,
<br /> and various other technical and legal documents. The CWCB's review of these documents is
<br /> only for the purpose of verifying BORROWER'S compliance with this CONTRACT and shall not be
<br /> construed or interpreted as a technical review or approval of the actual design or construction
<br /> of the PROJECT. Notwithstanding any consents or approvals given to the BORROWER by the
<br /> CWCB on any such documents, BORROWER and any of its consultants, by preparing any such
<br /> documents, shall be solely responsible for the accuracy and completeness of any of said
<br /> documents.
<br /> 12. Waiver. Waiver of any breach under a term, provision, or requirement of this CONTRACT,
<br /> or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be
<br /> construed as or deemed a waiver of any subsequent breach of such term, provision or
<br /> requirement, or of any other term, provision, or requirement.
<br /> 13. CORA Disclosure. To the extent not prohibited by federal law, this CONTRACT and the
<br /> performance measures and standards under CRS §24-103.5-101, if any, are subject to
<br /> public release through the Colorado Open Records Act, CRS §24-72-101, et seq.
<br /> 14. Binding Effect. All provisions herein contained, including the benefits and burdens, shall
<br /> extend to and be binding upon the Parties' respective heirs, legal representatives,
<br /> successors, and assigns.
<br /> 15. Entire Understanding. This CONTRACT represents the complete integration of all
<br /> understandings between the Parties and all prior representations and understandings, oral
<br /> or written, are merged herein. Prior or contemporaneous additions, deletions, or other
<br /> changes hereto shall not have any force or affect whatsoever, unless embodied herein.
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