C150374 Paid in Full Documents

• Contract/PO #: C150374
• Contractor Name: Boulder and Larimer County Irrigating and Manufacturing Ditch Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

C. GENERAL PROVISIONS
1. Periodic Inspections. Throughout the term of this CONTRACT, the BORROWER shall
permit a designated representative of the CWCB to make periodic inspections of the
PROJECT. Such inspections shall cover the condition of the PROJECT, operating records,
maintenance records, and financial records. These inspections are solely for the
purpose of verifying compliance with the terms and conditions of this CONTRACT and
shall not be construed nor interpreted as an approval of the actual design, construction
or operation of any element of the PROJECT facilities.
2. Applicable Laws. The BORROWER shall strictly adhere to all applicable federal, state,
and local laws and regulations that are in effect or may hereafter _be established
throughout the term of this CONTRACT.
3. Designated Agent Of The CWCB. The CWCB's employees are designated as the
agents of the CWCB for the purpose of this CONTRACT.
4. Assignment. The BORROWER may not assign this CONTRACT except with 'the-prior
written approval of the CWCB.
5. Contract Relationship. The parties to this CONTRACT intend that the relationship
between them under this CONTRACT is that of lender-borrower, not employer-employee.
No agent, employee, or servant of the BORROWER shall be, or shall be deemed to be,
an employee, agent, or servant of the CWCB. The BORROWER shall be solely and
entirely responsible for its acts and the acts of its agents, employees, servants,
engineering firms, construction firms, and subcontractors during the term of this
CONTRACT.
6. Integration of Terms. This CONTRACT is intended as the complete integration of all
understandings between the parties. No prior or contemporaneous addition, deletion,
or other amendment hereto shall have any force or effect whatsoever unless embodied
herein in writing. No subsequent renewal, addition, deletion, or other amendment
hereto shall have any force or effect unless embodied in a written contract executed
and approved pursuant to STATE fiscal rules, unless expressly provided for herein.
7. Controlling Terms. In the event of conflicts or inconsistencies between the terms of
this CONTRACT and conditions as set forth in any of the appendices, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order
of priority: (1) Colorado Special Provisions, provided that the parties hereby agree that,
for the purposes of such Special Provisions, (a) "Contractor" shall mean BORROWER (2)
the remainder of this CONTRACT, and (3) the Appendices.
8. Casualty and Eminent Domain. If, at any time, during the term of this CONTRACT,
(a) the BORROWER'S PROJECT facilities, including buildings or any portion thereof, are
damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use
of the PROJECT facilities or any part thereof shall be taken under the exercise of the
power of eminent domain, the BORROWER shall cause the net proceeds of any
insurance claim or condemnation award to be applied to the prompt replacement, repair
and restoration of the PROJECT facilities or any portion thereof, or to repayment of this
Loan Contract C150374
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