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, <br /> 2. Designated Agent Of The CWCB. The CWCB's employees are designated as the <br /> agents of the CWCB for the purpose of this Contract. <br /> 3. Borrower's Agent. Gregory Baird, 15151 E. Alameda Parkwa Aurora, C080012. <br /> Phone: 303-739-7000. Email: gbaird@auroragov.org. <br /> 4. Assignment. The BORROWER may not assign this Contra cept with ri itten <br /> approval of the CWCB. t, <br /> 5. Contract Relationship. The parties to this Contract in e ' r.. , te o ip <br /> between them under this Contract is that of lender-borrower, not empl - I ee. <br /> No agent, employee, or servant of the BORROWER shall be, or shall be deem , <br /> an employee, agent, or servant of the CWCB. The BORROWER shall be solely and <br /> entirely responsible for its acts and the acts of its agents, employees, servants, <br /> engineering firms, construction firms, and subcontractors during the term of this <br /> Contract. <br /> 6. Integration Of Terms. This Contract, including its Appendices and Exhibits, is <br /> intended as the complete integration of all understandings between the parties <br /> concerning the Loan. No prior or contemporaneous addition, deletion, or other <br /> amendment hereto shall have any force or effect whatsoever unless embodied herein <br /> in writing. No subsequent novation, renewal, addition, deletion, or other amendment <br /> hereto shall have any force or effect unless embodied in a written Contract executed <br /> and approved pursuant to STATE fiscal rules, unless expressly provided for herein. <br /> 7. Controlling Terms. In the event of conflicts or inconsistencies between the terms of <br /> this 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 <br /> of priority: (1) Colorado Special Provisions, (2) the General Ordinance, (3) the 2007 <br /> CWCB Ordinance, (4)the remainder of this Contract, and (5)the Appendices. <br /> 8. Casualty and Eminent Domain. Application of funds from casualty insurance or <br /> condemnation awards with respect to the Project shall be in accordance with Sections <br /> 6.21 and 6.24 of the General Ordinance. <br /> 9. Captions. The captions and headings contained in this Contract are for convenience <br /> of reference only and shall not be construed so as to define or limit the terms or <br /> provisions contracted herein. <br /> 10.CWCB's Approval. This Contract provides the CWCB with rights to review plans, <br /> specifications, and various other technical and legal documents. The CWCB's review <br /> of these documents is only for the purpose of verifying BORROWER'S compliance with <br /> this Contract and shall not be construed or interpreted as a technical review or approval <br /> of the actual design or construction of the PROJECT. Notwithstanding any consents or <br /> approvals given to the BORROWER by the CWCB on any such documents, BORROWER <br /> and any of its consultants, by preparing any such documents, shall be solely <br /> responsible for the accuracy and completeness of any of said documents. <br /> Loan Contract C150243 <br /> Page 11 of 15 <br />