C153726 Paid in Full Contract

• Contract/PO #: C153726
• Contractor Name: Tremont Mutual Ditch Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

of its agents, employees, servants, engineering firms, construction firms, and subcontractors during
the performance of this contract.
4. Integration of all understandings. This agreement is intended as the complete integration of
all understandings between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No
subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force
or effect unless embodied in a written contract executed and approved pursuant to STATE fiscal rules.
5. Waiver., aiy breach of a term of this contract shall not be construed as a
waiver of any o , subsequent breach of the same term.
6. Eligible expenses. PROJauction costs eligible for refinancing by the STATE shall be
limited to • • •a a , " I gecifications for the PROJECT.
b. Prep:ring bid and construction contract documents.
c. Prep;ring environmental assessment or environmental impact statemen s, and otherwise
complyi g with the Federal National Environmental Policy Act.
d. Com•lying with all federal,state,and local regulatory requirements,inclu• g the obtaining
of all re•wired permits.
e. Fish and wildlife mitigation measures required by federal, state, or 'local laws and
regulations.
f. Actual construction as called for in the design documents and in change orders approved
by the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM.
g. Engineering services for construction management, including design .nd construction
management for STATE-approved change orders.
h. Legal services for reviewing engineering services contracts, reviewi this contract,
reviewing construction contract documents, and for complying with all fe•eral, state, and
local regulatory requirements. Legal services must be approved by the STA in writing to be
eligible for payment by the STATE.
7. STATE may release contract at its option. In its sole discretion, the STATE ay at any time
give any consent, deferment, subordination, release, satisfaction, or termination o' any or all of the
BORROWER'S obligations under this contract, with valuable consideration, upon ;wch terms and
conditions as the STATE may determine to be: a. advisable to further the purpose of this contract
or to protect the STATE'S financial interest therein, and b. consistent with both the st tutory purposes
of this contract and the limitations of the statutory authority under which it is ma e.
8. Casualty and eminent domain. If, at any time during the term of this ontract, (a) the
BORROWER'S PROJECT facilities and/or property pledged as security for this loan, in luding buildings
or any portion thereof, are damaged or destroyed, in whole or in part, by fire or o her casualty, or
(b) title to or use of the PROJECT facilities or any part thereof shall be taken under th exercise of the
power of eminent domain, the BORROWER shall cause the net proceeds of any in urance claim or
condemnation award to be applied to the prompt replacement, repair and restorati of the PROJECT
Tremont Mutual Ditch Company Page 7 of 10 Loan Contract