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Provisions, provided that the parties hereby agree that, for the purposes of such Special
<br /> Provisions, the "Contractor" shall mean the `BORROWER", (2) 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 /> 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 /> 11. 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 /> 12. CORA Disclosure. To the extent not prohibited by federal law, this CONTRACT and the
<br /> performance measures and standards under CRS §24-103.5-101, if any, are subject to public
<br /> release through the Colorado Open Records Act, CRS§24-72-io1, et seq.
<br /> 13. Binding Effect. All provisions herein contained, including the benefits and burdens, shall
<br /> extend to and be binding upon the Parties' respective heirs, legal representatives,
<br /> successors, and assigns.
<br /> 14. Entire Understanding. This CONTRACT represents the complete integration of all
<br /> understandings between the Parties and all prior representations and understandings, oral
<br /> or written, are merged herein. Prior or contemporaneous additions, deletions, or other
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