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purposes of such Special Provisions, (a) the "Contractor" shall mean the 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 CONT T, (a) the <br /> BORROWER'S PROJECT facilities, including buildings or any portion thereof, are d maged or <br /> destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of th PROJECT <br /> facilities or any part thereof shall be taken under the exercise of the power f eminent <br /> domain, the BORROWER shall cause the net proceeds of any insurance claim or <br /> condemnation award to be applied to the prompt replacement, repair and restor tion of the <br /> PROJECT facilities or any portion thereof, or to repayment of this loan. Any ne proceeds <br /> remaining after such work has been completed or this loan has been repai , shall be <br /> retained by the BORROWER. If the net insurance proceeds are insufficient to pay the full cost <br /> of the replacement, repair and restoration, the BORROWER shall complete the wok and pay <br /> any cost in excess of the net proceeds. In the event the BORROWER chooses t apply the <br /> net proceeds of an insurance claim or a condemnation award to repayment of th loan, the <br /> BORROWER shall repay the full loan amount outstanding regardless of the amo nt of such <br /> insurance proceeds or condemnation 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 <br /> is only for the purpose of verifying the BORROWER'S compliance with this CONTRACT and <br /> shall not be construed or interpreted as a technical review or approval of the actual design <br /> or construction of the PROJECT. Notwithstanding any consents or approvals gi'✓en to the <br /> BORROWER by the CWCB on any such documents, the BORROWER and any of its <br /> consultants, by preparing any such documents, shall be solely responsible for the accuracy <br /> and completeness of any of said documents. <br /> 12.Waiver. Waiver of any breach under a term, provision, or requirement of this ONTRACT, <br /> or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not <br /> be construed as or deemed a waiver of any subsequent breach of such term, provision <br /> or requirement, or of any other term, provision, or requirement. <br /> 13.CORA Disclosure. To the extent not prohibited by federal law, this CONTRA T 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 se . <br /> 14. Binding Effect. All provisions herein contained, including the benefits and bur ens, 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, <br /> oral or written, are merged herein. Prior or contemporaneous additions, deletions, or <br /> other changes hereto shall not have any force or affect whatsoever, unless embodied <br /> herein. <br /> Page 9 of 13 <br />