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1. PARTIES <br /> This Amendment(the"Amendment")to the Original Contract shown on the Signature and Cover Page for this Amendment(the <br /> "Contract")is entered into by and between the Borrower,and the State. <br /> 2. TERMINOLOGY <br /> Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be <br /> construed and interpreted in accordance with the Contract. <br /> 3. AMENDMENT EFFECTIVE DATE AND TERM <br /> A. Amendment Effective Date <br /> This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover <br /> Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment <br /> Effective Date. <br /> The Parties' respective performances under this Amendment and the changes to the Contract contained herein shall <br /> commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. <br /> 4. PURPOSE <br /> The purpose of the Project is to replace deletions from wells in unincorporated communities.The District utilized a Substitute <br /> Water Supply Plan and the Regional Rule 14 Replacement Plan to provide augmentation water.The Loan was in response to the <br /> urgent need for an augmentation plan. <br /> The Amendment is to change the statement of work to delete the reference to Red Wing and Mapes Well No. 1 sites in the scope <br /> of work and change to an alternate"Huerfano Regional Augmentation Facility."The change is due to additional expenses from <br /> the landowner.The District has begun due diligence on another site for the augmentation facility. <br /> 5. MODIFICATIONS <br /> The Contract and all prior amendments thereto,if any,are modified as follows: <br /> A. Amend Section 2A,Project Description of the Project Summary, attached to the Original Loan Contract as Appendix 1 <br /> and incorporated by reference, to delete references to Red Wing and Mapes Well No. 1 sites and replace with"Huerfano <br /> Regional Augmentation Facility." <br /> B. Appendix A, Option Letter, is attached to this Amendment and Option Letter language shall be an addendum to the <br /> Promissory Note Provisions,Paragraph A3,Page 2,of the Loan Contract: <br /> • If the amount of loan funds disbursed by the CWCB,to the Borrower,differs from the Loan Amount,the parties shall <br /> amend this Contract or exercise an Option Letter.A Sample Option Letter is attached,to this Amendment as Appendix <br /> A. <br /> • An amendment to this Contract shall be executed for the following changes including,but not limited to,an increase in <br /> Loan Amount,change in collateral,and decrease in Loan Amount with re-amortization of the Loan. <br /> • Upon substantial completion of the Project with a resulting decrease in the total Loan Amount and the Borrower. <br /> requests a re-amortization of the Loan,the Parties agree to amend this contract. <br /> • Upon substantial completion of the Project with a resulting decrease in the total Loan Amount,but not a change in the <br /> annual payment,the State may exercise an option and shall provide written notice to the Borrower in form substantially <br /> equivalent to Appendix B.If exercised,the provisions of the Option Letter and supporting documentation shall become <br /> part of and be incorporated into this Contract for the total duration of this Contract. <br /> 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE <br /> This Amendment is incorporated by reference into the Contract,and the Contract and all prior amendments or other modifications <br /> to the Contract,if any,remain in full force and effect except as specifically modified in this Amendment. Except for the Special <br /> Provisions contained in the Contract,in the event of any conflict,inconsistency,variance,or contradiction between the provisions <br /> of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this <br /> Amendment shall in all respects supersede,govern,and control. The provisions of this Amendment shall only supersede,govern, <br /> and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those <br /> Special Provisions. <br /> Page 2 of 2 Amendment CMS No.96829 <br />