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of priority: (1) Colorado Special Provisions, (2) the remainder of this contract, and (3) <br /> the Appendices. <br /> 8. CWCB May Release Contract. In its sole discretion, the CWCB may at any time give <br /> any consent, deferment, subordination, release, satisfaction, or termination of any or all <br /> of the BORROWER'S obligations under this contract, with valuable consideration, upon <br /> such terms and conditions as the CWCB may determine to be advisable to further the <br /> purposes of this contract or to protect the CWCB's financial interest therein, and <br /> consistent with both the statutory purposes of this contract and the limitations of the <br /> statutory authority under which it is made. <br /> 9. 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 <br /> or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the <br /> PROJECT facilities or any part thereof shall be taken under the exercise of the power of <br /> eminent domain, the BORROWER shall cause the net proceeds of any insurance claim or <br /> condemnation award to be applied to the prompt replacement, repair and restoration of <br /> the PROJECT facilities or any portion thereof, or to repayment of this loan. Any net <br /> proceeds remaining after such work has been completed or this loan has been repaid, <br /> shall be retained by the BORROWER. If the net insurance proceeds are insufficient to <br /> 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. In the event <br /> BORROWER chooses to repay the loan, BORROWER shall remain responsible for the full <br /> loan amount outstanding regardless of the rrtougt sci insurance proceeds or <br /> condemnation award. <br /> 10.Captions. The captions and headings cont me in es contract are for convenience <br /> and reference only and shall not be u4d sgAsfjo..,diine or limit the terms or <br /> } E as <br /> provisions contracted herein. � � ,� <br /> 11.CWCB's Approval. This contract require' rvi 'w and approv'at of plans, specifications, <br /> and various other technical and legal documents. The CWCB's review of these <br /> documents is only for the purpose of verifying BORROWER'S compliance with this <br /> contract and shall not be construed or interpreted as a technical review or approval of <br /> the actual design or construction of the PROJECT. Notwithstanding any consents or <br /> approvals given to the BORROWER by the CWCB on any such documents, BORROWER <br /> and any of its consultants, by preparing any such documents, shall be solely <br /> responsible for the accuracy and completeness of any of said documents. <br /> 12.Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br /> waiver of any other term, or of any subsequent breach of the same term. <br /> 13.Addresses for mailing. All notices, correspondence, or other documents required by <br /> this contract shall be delivered or mailed to the addresses shown in the Section 1 <br /> (BORROWER Information) of the Project Summary, for the BORROWER and to the <br /> address below for the CWCB: <br /> Colorado Water Conservation Board <br /> Attn: Construction Fund Section <br /> 1313 Sherman Street, Room 721 <br /> Denver, CO 80203 <br /> Pagel of9 <br />