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condemnation award.
<br /> io. Captions. The captions and headings in this CONTRACT are for convenience of reference only, and
<br /> shall not be construed so as to define, or limit its provisions.
<br /> u. CWCB's Approval. This CONTRACT requires review and approval of plans, specifications, and various
<br /> other technical and legal documents. The CWCB's review of these documents is only for the purpose
<br /> of verifying BORROWER'S compliance with this CONTRACT and shall not be construed or interpreted as a
<br /> technical review or approval of the actual design or construction of the PROJECT. Notwithstanding any
<br /> consents or approvals given to the BORROWER by the CWCB on any such documents, BORROWER and
<br /> any of its 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 CONTRACT, or any
<br /> right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed as
<br /> or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any
<br /> other term, provision, or requirement.
<br /> 13. CORA Disclosure.To the extent not prohibited by federal law, this CONTRACT and the performance
<br /> measures and standards under CRS §24-103.5-101, if any, are subject to public release through the
<br /> Colorado Open Records Act, CRS§24-72-101, et seq.
<br /> 14. Binding Effect. All provisions herein contained, including the benefits and burdens, shall extend
<br /> to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns.
<br /> 15. Entire Understanding. This CONTRACT represents the complete integration of all understandings
<br /> between the Parties and all prior representations and understandings, oral or written, are merged
<br /> herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any
<br /> force or affect whatsoever, unless embodied herein.
<br /> 16. Severability. Provided this CONTRACT can be executed and performance of the obligations of the
<br /> Parties accomplished within its intent, the provisions hereof are severable and any provision that
<br /> is declared invalid or becomes inoperable for any reason shall not affect the validity of any other
<br /> provision hereof, provided that the Parties can continue to perform their obligations under this
<br /> CONTRACT in accordance with its intent.
<br /> 17. Third Party Beneficiaries. Enforcement of this CONTRACT and all rights and obligations
<br /> hereunder are reserved solely to the Parties. Any services or benefits that third parties receive as a
<br /> result of this CONTRACT are incidental to the CONTRACT, and do not create any rights for such third
<br /> parties.
<br /> 18. Counterparts. This CONTRACT may be executed in multiple identical original counterparts, all of
<br /> which shall constitute one agreement.
<br /> 19. Indemnification. The BORROWER shall indemnify, save, and hold harmless CWCB against any
<br /> and all claims, damages, liability, and court awards including costs, expenses, and attorney fees
<br /> incurred as a result of any act or omission by the BORROWER, or its employees, agents, or
<br /> subcontractors pursuant to the terms of this Loan Agreement; provided, however, that the
<br /> provisions of this clause are not intended to and shall not be construed as a waiver of any
<br /> defense or limitation on damages provided for under and pursuant to the Colorado
<br /> Governmental Immunity Act (Section 24-10-101, et seq., C.R.S.), or under the laws of the United
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