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4. Assignment. The BORROWER's rights and obligations, under this CONTRACT, are personal <br /> and may not be transferred, assigned without the prior, written consent of the State. Any <br /> attempt at assignment without such consent shall be void. All assignments approved by the <br /> BORROWER or the State are subject to all of the provisions hereof. <br /> 5. Contract Relationship. The Parties to this CONTRACT intend that the relationship between <br /> them under this CONTRACT is that of lender-borrower, not employer-employee. No agent, <br /> employee, or servant of the BORROWER shall be, or shall be deemed to be, an employee, agent, <br /> or servant of the CWCB. The BORROWER shall be solely and entirely responsible for its acts <br /> and the acts of its agents, employees, servants, engineering firms, construction firms, and <br /> subcontractors during the term of this CONTRACT. <br /> 6. Integration of Terms. This CONTRACT is intended as the complete integration of all <br /> understandings between the Parties. No prior or contemporaneous addition, deletion, or <br /> other amendment hereto shall have any force or affect whatsoever unless embodied herein in <br /> writing. No subsequent renewal, addition, deletion, or other amendment hereto shall have <br /> any force or effect unless embodied in a written contract executed and approved pursuant to <br /> State fiscal rules, unless expressly provided for herein. <br /> 7. Controlling Terms. The provisions of this CONTRACT shall govern the relationship of the <br /> Parties. In the event of conflicts or inconsistencies between the terms of this CONTRACT and <br /> conditions as set forth in any of the appendices, such conflicts or inconsistencies shall be <br /> resolved by reference to the documents in the following order of priority: (i) Colorado Special <br /> Provisions, provided that the parties hereby agree that, for the purposes of such Special <br /> Provisions, the "Contractor" shall mean the "BORROWER", (a) the remainder of this CONTRACT, <br /> and (3) the Appendices. <br /> 8. Casualty and Eminent Domain. If, at any time during the term of this CONTRACT, (a) the <br /> PROJECT facilities, including buildings or any portion thereof, are damaged or destroyed, in <br /> whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT facilities or any <br /> part thereof shall be taken under the exercise of the power of eminent domain, the BORROWER <br /> shall cause the net proceeds of any insurance claim or condemnation award to be applied to <br /> the prompt replacement, repair and restoration of the PROJECT facilities or any portion thereof, <br /> or to repayment of this loan.Any net proceeds remaining after such work has been completed <br /> or this loan has been repaid, shall be retained by the BORROWER. If the net insurance proceeds <br /> are insufficient to pay the full cost of the replacement, repair and restoration, the BORROWER <br /> shall complete the work and pay any cost in excess of the net proceeds. In the event the <br /> BORROWER chooses to apply the net proceeds of an insurance claim or a condemnation award <br /> to repayment of the loan, the BORROWER shall repay the full TOTAL LOAN AMOUNT outstanding <br /> regardless of the amount of such insurance proceeds or condemnation award. <br /> 9. 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 /> io. 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 /> Page 9 of 14 <br />