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• 0 <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, <br /> (a) the BORROWER'S PROJECT facilities including buildings or any portion thereof, are <br /> damaged or destroyed, in whole or in part, by fire or other casualty, or (b)title to or use <br /> of the PROJECT facilities or any part thereof shall be taken under the exercise of the <br /> power of eminent domain, the BORROWER shall cause the net proceeds of any <br /> insurance claim or condemnation award to be applied to the prompt replacement, <br /> repair and restoration of the PROJECT facilities or any portion thereof, or to repayment of <br /> this loan. Any net proceeds remaining after such work has been completed or this loan <br /> 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 <br /> BORROWER shall complete the work and pay any cost in excess of the net proceeds. In <br /> the event BORROWER chooses to repay the loan, BORROWER shall remain responsible <br /> for the full loan amount outstanding regardless of the amount of such insurance <br /> proceeds or condemnation award. <br /> 10. Captions. The captions and headings contained in this contract are for convenience <br /> and reference only and shall not be construed so as to define or limit the terms or <br /> provisions contracted herein. <br /> 11. CWCB's Approval. This contract requires review and approval of plans, <br /> specifications, and various other technical and legal documents. The CWCB's review <br /> of these documents is only for the purpose of verifying BORROWER'S compliance with <br /> this contract and shall not be construed or interpreted as a technical review or approval <br /> of 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 docu• e ts. <br /> 12. Waiver. The waiver of any breach of a term of this co- a; n A • construed as a <br /> waiver of any other term or of any subsequent breach erm. <br /> 13. Addresses for mailing. All notices, correspon , r • , "'•cnt equired by <br /> this contract shall be delivered or mailed to re- - ti, • i Project <br /> Summary, Section 1 for the BORROWER and tot d ss "-low or the CWCB: <br /> Colorado Water Conservation Board <br /> Attn: Construction Fund Section <br /> 1313 Sherman Street, Room 721 <br /> Denver, CO 80203 <br /> SPECIAL PROVISIONS (12/01 version). State Fiscal Rule 3-1 requires the inclusion of these <br /> Special Provisions in every STATE contract, including grants. <br /> 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> This contract shall not be deemed valid until it has been approved by the Controller of the <br /> Page 7 of 9 <br />