Laserfiche WebLink
eminent 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 <br /> the PROJECT facilities or any portion thereof, or to repayment of this loan. Any net <br /> proceeds remaining after such work has been completed or this loan has been repaid, <br /> shall be retained by the BORROWER. If the net insurance proceeds are insufficient to <br /> pay the full cost of the replacement, repair and restoration, the BORROWER shall <br /> complete the work and pay any cost in excess of the net, p oceeds. In the event <br /> BORROWER chooses to repay the loan, BORROWER shall rem :la.l'e otsible for the full <br /> loan amount outstanding regardless of the amount of s�.t fsr�at"cam p ceeds or <br /> condemnation award. <br /> 9. Captions. The captions and headings contained in`°tN ont t -. 1i...convenience <br /> and reference only and shall not be construed so as to def i� Vit' Iith erms or <br /> provisions contracted herein. < <br /> 1o. 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 <br /> documents is only for the purpose of verifying BORROWER'S compliance with this <br /> contract and shall not be construed or interpreted as a technical review or approval of <br /> 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 /> i i. Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br /> waiver of any other term or of any subsequent breach of the same term. <br /> 12. Addresses for mailing. All notices, correspondence, or other documents required by <br /> this contract shall be delivered or mailed to the addresses shown in the Project <br /> Summary, Section 1 for the BORROWER and to the address below for the CWCB: <br /> Colorado Water Conservation Board <br /> Attn: Construction Fund Section <br /> 1313 Sherman Street, Room 721 <br /> Denver, CO 80203 <br /> SPECIAL PROVISIONS (4/1/04 version). State Fiscal Rule 3-1 requires the inclusion of these <br /> Special Provisions in every STATE contract, including grants. <br /> 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> This contract shall not be deemed valid until it has been approved by the Controller of the State <br /> of Colorado or such assistant as he may designate. <br /> 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> Financial obligations of the State of Colorado payable after the current fiscal year are contingent <br /> upon funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> 3. INDEMNIFICATION. <br /> To the extent authorized by law, the BORROWER shall indemnify, save, and hold harmless the <br /> State against any and all claims, damages, liability and court awards including costs, expenses, <br /> and attorney fees incurred as a result of any act or omission by the BORROWER, or its employees, <br /> Page 8 of 10 <br />