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i. Colorado Special Provisions (provided that the Parties hereby agree that, for <br /> the purposes of such Special Provisions the "CONTRACTOR" shall mean the <br /> "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 <br /> 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 of <br /> priority: (i) Colorado Special Provisions, provided that the parties hereby agree that, for the <br /> purposes of such Special Provisions, the "Contractor" shall mean the BORROWER, (2) the <br /> 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 <br /> destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT <br /> facilities or any part thereof shall be taken under the exercise of the power of eminent domain, <br /> the BORROWER shall cause the net proceeds of any insurance claim or condemnation award to <br /> be applied to the prompt replacement, repair and restoration of the PROJECT facilities or any <br /> portion thereof, or to repayment of this loan.Any net proceeds remaining after such work has <br /> been completed or this loan has been repaid, shall be retained by the BORROWER. If the net <br /> insurance proceeds are insufficient to pay the full cost of the replacement, repair and <br /> restoration, the BORROWER shall complete the work and pay any cost in excess of the net <br /> proceeds. In the event the BORROWER chooses to apply the net proceeds of an insurance claim <br /> or a condemnation award to repayment of the loan, the BORROWER shall repay the full TOTAL <br /> LOAN AMOUNT outstanding regardless of the amount of such insurance proceeds or <br /> condemnation award. <br /> 10. Captions. The captions and headings in this CONTRACT are for convenience of reference <br /> only, and 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 <br /> various other technical and legal documents. The CWCB's review of these documents is only <br /> for the purpose of verifying the BORROWER'S compliance with this CONTRACT and shall not be <br /> construed or interpreted as a technical review or approval of the actual design or construction <br /> of the PROJECT. Notwithstanding any consents or approvals given to the BORROWER by the <br /> CWCB on any such documents, the BORROWER and any of its consultants, by preparing any <br /> such documents, shall be solely responsible for the accuracy and completeness of any of said <br /> documents. <br /> 12. Waiver. Waiver of any breach under a term, provision, or requirement of this CONTRACT, <br /> or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not <br /> be construed as or deemed as a waiver of any subsequent breach of such term, provision or <br /> requirement, or of any other term, provision, or requirement. <br /> Page io of 14 <br />