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0 I <br /> g. Engineering services for construction management, including design and construction <br /> management for STATE-approved change orders. <br /> h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing <br /> construction contract documents, and for complying with all federal, state, and local regulatory <br /> requirements. Legal services must be approved by the STATE in writing and in advance to be <br /> eligible for financing by the STATE. <br /> 7. STATE may release contract at its option. In its sole discretion, the STATE may at any time give any <br /> consent, deferment, subordination, release, satisfaction, or termination of any or all of the <br /> BORROWER'S obligations under this contract, with valuable consideration, upon such terms and <br /> conditions as the STATE may determine to be advisable to further the purposes of this contract or to <br /> protect the STATE'S financial interest therein, and consistent with both the statutory purposes of this <br /> contract and the limitations of the statutory authority under which it is made. <br /> 8. Casualty and eminent domain. If, at any time, during the term of this contract, (a) the BORROWER'S <br /> PROJECT facilities, including buildings or any portion thereof, are damaged or destroyed, in whole or in <br /> part, by fire or other casualty, or (b) title to or use of the PROJECT facilities or any part thereof shall be <br /> taken under the exercise of the power of eminent domain, the BORROWER shall cause the net <br /> proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, <br /> repair and restoration of the PROJECT facilities or any portion thereof. Any net proceeds remaining <br /> after such work has been completed shall be paid to the BORROWER. If the net proceeds are <br /> insufficient to pay the full cost of the replacement, repair and restoration, the BORROWER shall <br /> complete the work and pay any cost in excess of the net proceeds. <br /> 9. Captions. The captions and headings contained in this contract are for convenience and reference <br /> only and shall not be construed so as to define or limit the terms or provisions contracted herein. <br /> 10. STATE'S approval. This contract requires review and approval of plans, specifications, and various <br /> other technical and legal documents. The STATE'S review of these documents is,only for the purpose <br /> of verifying BORROWER'S compliance with this contract and shalt nrt b$ ccrostiued,or interpreted as a <br /> r /I Fh <br /> technical review or approval of the actual design or constr iorjS tlj PwR9JJcT rehabilitation. <br /> Notwithstanding any consents or approvals given to the BORROWER by the STATE on any such <br /> documents, BORROWER and its CONSULTANT preparing s4 • is all be solely <br /> responsible for the accuracyand completeness of anyof#etru ' n cents' <br /> P p <br /> 11. Addresses for mailing. All notices, correspondence, or other documents required by this contract <br /> shall be delivered or mailed to the following addresses: <br /> For the STATE: For the BORROWER: <br /> Colorado Water Conservation Board Excelsior Irrigating Company <br /> 1313 Sherman Street, Room 721 231 Nyberg Road <br /> Denver, CO 80203 Pueblo, CO 81006 <br /> Attn: Construction Fund Section <br /> D. Special provisions (1993 version) <br /> 1. Controller's approval. This contract shall not be deemed valid until it shall have been approved <br /> by the Controller of the State of Colorado or such assistant as he may designate. This provision is <br /> applicable to any contract involving the payment of money by the STATE. <br /> The Excelsior Irrigating Company Page 9 of 12 Loan Contract <br />