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3. Designated Agent Of The CWCB. The CWCB's employees are designated as the agents of <br /> the CWCB for the purpose of this CONTRACT. <br /> 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. Order of Precedence. The provisions of this CONTRACT shall govern the relationship of <br /> the Parties. In the event of conflicts or inconsistencies between this CONTRACT and its <br /> exhibits and attachments, including, but not limited to, those provided by Contractor, <br /> such conflicts or inconsistencies shall be resolved by reference to the documents in the <br /> following order of priority: <br /> 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. 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 remain responsible <br /> Page 9 of 14 <br />