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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 to <br /> 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 or <br /> a condemnation award to repayment of the loan, BORROWER shall repay the full TOTAL LOAN <br /> AMOUNT outstanding regardless of the amount of such insurance proceeds or condemnation <br /> award. <br /> io. 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 /> ii. CWCB'S Approval. This CONTRACT requires review and approval of plans, specifications, and <br /> various other technical and legal documents. The CWCB'S review of these documents is only <br /> 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 <br /> be construed as or deemed as 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 public <br /> 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. <br /> Page io of i4 <br />