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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, "Contractor" shall mean BORROWER, (2) the remainder <br /> 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 <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 restoration of the <br /> PROJECT facilities or any portion thereof, or to repayment of this loan. Any net proceeds <br /> remaining after such work has been completed or this loan has been repaid, 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 work and pay <br /> any cost in excess of the net proceeds. In the event BORROWER chooses to apply the net <br /> proceeds of an insurance claim or a condemnation award to repayment of the loan, <br /> BORROWER shall repay the full loan amount outstanding regardless of the amount 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 BORROWER'S compliance with this CONTRACT and shall <br /> not be construed or interpreted as a technical review or approval of the actual design or <br /> construction of the PROJECT. Notwithstanding any consents or approvals given to the <br /> BORROWER by the CWCB on any such documents, BORROWER and any of its consultants, <br /> by preparing any such documents, shall be solely responsible for the accuracy and <br /> completeness of any of said 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, <br /> provision or 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 /> Page 9 of 13 <br />