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CT2016-2040 Contract
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CT2016-2040 Contract
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Last modified
9/13/2016 8:25:16 AM
Creation date
3/15/2016 10:52:03 AM
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Loan Projects
Contract/PO #
CT2016-2040
Contractor Name
Brighton Ditch Company
Contract Type
Loan
County
Adams
Loan Projects - Doc Type
Contract Documents
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records, and financial records. These inspections are solely for the purpose of verifying <br /> compliance with the terms and conditions of this CONTRACT and shall not be construed or <br /> interpreted as an approval of the actual design, construction or operation of any element of <br /> the PROJECT facilities. <br /> 2. Applicable Laws. The BORROWER shall strictly adhere to all applicable federal, state, and <br /> local laws and regulations that are in effect or may hereafter be established throughout the <br /> term of this CONTRACT. <br /> 3. Designated Agent Of The CWCB. The CWCB's employees are designated as the agents <br /> of the CWCB for the purpose of this CONTRACT. <br /> 4. Assignment. BORROWER'S rights and obligations, under this CONTRACT, are personal and <br /> may not be transferred, assigned without the prior, written consent of the State. Any <br /> attempt at assignment without such consent shall be void. All assignments approved by <br /> BORROWER or the State are subject to all of the provisions hereof. <br /> 5. Contract Relationship. The Parties to this CONTRACT intend that the relationship between <br /> them under this CONTRACT is that of lender-borrower, not employer-employee. No agent, <br /> employee, or servant of the BORROWER shall be, or shall be deemed to be, an employee, <br /> agent, or servant of the CWCB. The BORROWER shall be solely and entirely responsible for <br /> its acts and the acts of its agents, employees, servants, engineering firms, construction <br /> firms, and subcontractors during 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, or <br /> other amendment hereto shall have any force or affect whatsoever unless embodied herein <br /> in writing. No subsequent renewal, addition, deletion, or other amendment hereto shall <br /> have any force or effect unless embodied in a written contract executed and approved <br /> pursuant to State fiscal rules, unless expressly provided for herein. <br /> 7. Order of Precedence. The provisions of this CONTRACT shall govern the relationship of <br /> the Parties. In the event of conflicts or inconsistencies between this CONTRACT and its <br /> exhibits and attachments, including, but not limited to, those provided by Contractor, <br /> such conflicts or inconsistencies shall be resolved by reference to the documents in the <br /> following order of priority: <br /> i. Colorado Special Provisions (provided that the Parties hereby agree that, <br /> for the purposes of such Special Provisions "CONTRACTOR" shall mean <br /> "BORROWER") <br /> ii. The provisions of the main body of this CONTRACT <br /> 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 /> Page 8 of 13 <br />
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