|
3. Designated Agent Of The CWCB. The CWCB's employees are designated as the agents of the CWCB
<br /> for the purpose of this CONTRACT.
<br /> 4. Assignment. BORROWER'S rights and obligations, under this CONTRACT, are personal and may not
<br /> be transferred, assigned without the prior, written consent of the State. Any attempt at assignment
<br /> without such consent shall be void. All assignments approved by BORROWER or the State are subject
<br /> to all of the provisions hereof.
<br /> 5. Contract Relationship. The Parties to this CONTRACT intend that the relationship between them
<br /> under this CONTRACT is that of lender-borrower, not employer-employee. No agent, employee, or
<br /> servant of the BORROWER shall be, or shall be deemed to be, an employee, agent, or servant of the
<br /> CWCB. The BORROWER shall be solely and entirely responsible for its acts and the acts of its agents,
<br /> employees, servants, engineering firms, construction firms, and subcontractors during the term of this
<br /> CONTRACT.
<br /> 6. Integration of Terms. This CONTRACT is intended as the complete integration of all understandings
<br /> between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto
<br /> shall have any force or affect whatsoever unless embodied herein in writing. No subsequent renewal,
<br /> addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
<br /> written contract executed and approved pursuant to State fiscal rules, unless expressly provided for
<br /> herein.
<br /> 7. Order of Precedence. The provisions of this CONTRACT shall govern the relationship of the
<br /> Parties. In the event of conflicts or inconsistencies between this CONTRACT and its exhibits and
<br /> attachments, including, but not limited to, those provided by Contractor, such conflicts or
<br /> inconsistencies shall be resolved by reference to the documents in the following order of priority:
<br /> i. Colorado Special Provisions (provided that the Parties hereby agree that, for the
<br /> purposes of such Special Provisions"CONTRACTOR"shall mean "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 CONTRACT
<br /> and conditions as set forth in any of the appendices, such conflicts or inconsistencies shall be resolved
<br /> by reference to the documents in the following order of priority: (i) Colorado Special Provisions,
<br /> provided that the parties hereby agree that, for the purposes of such Special Provisions, "Contractor"
<br /> shall mean BORROWER, (2)the remainder 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 destroyed,
<br /> in whole or in part, by fire or other casualty, or (b)title to or use of the PROJECT facilities or any part
<br /> thereof shall be taken under the exercise of the power of eminent domain, the BORROWER shall cause
<br /> the net proceeds of any insurance claim or condemnation award to be applied to the prompt
<br /> replacement, repair and restoration of the PROJECT facilities or any portion thereof, or to repayment of
<br /> this loan. Any net proceeds remaining after such work has been completed or this loan has been
<br /> repaid, shall be retained by the BORROWER. If the net insurance proceeds are insufficient to pay the full
<br /> cost of the replacement, repair and restoration, the BORROWER shall complete the work and pay any
<br /> cost in excess of the net proceeds. In the event BORROWER chooses to apply the net proceeds of an
<br /> insurance claim or a condemnation award to repayment of the loan, BORROWER shall repay the full
<br /> TOTAL LOAN AMOUNT outstanding regardless of the amount of such insurance proceeds or
<br /> Page 8 of i4
<br />
|