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1. Designated Agent Of The STATE. The CWCB, which includes its agents and employees, is <br /> hereby designated as the agent of the STATE for the purpose of this contract. <br /> 2. Contract Is Not Assignable. This contract is not assignable by the BORROWER except with the <br /> prior written approval of the STATE. <br /> 3. Contract Relationship. The parties to this contract intend that the relationship between them <br /> contemplated by 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 STATE. The BORROWER shall be solely and entirely responsible for its acts and <br /> the acts of its agents, employees, servants, engineering firms, construction firms, and <br /> subcontractors during the performance of this contract. <br /> 4. Complete Integration Of All Understandings. This agreement is intended as the complete <br /> integration of all understandings between the parties. No prior or contemporaneous addition, <br /> deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied <br /> herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment <br /> hereto shall have any force or effect unless embodied in a written contract executed and <br /> approved pursuant to STATE fiscal rules, with the exception of the Revision Letter as described in <br /> the Changes Provision of this contract. <br /> 5. In Event Of A Conflict. In the event of conflict between the terms of this contract and conditions <br /> as set forth in any of the appendices, the provisions of this contract shall control. <br /> 6. Eligible Expenses. PROJECT costs eligible for financing by the STATE shall be limited to the cost <br /> of: <br /> a. Preparing final designs and specifications for the PROJECT. <br /> b. Preparing bid and construction contract documents. <br /> c. Preparing environmental assessment or environmental impact statements, and otherwise <br /> complying with the Federal National Environmental Policy Act. <br /> d. Complying with all federal, state, and local regulatory requirements, including the obtaining of <br /> all required permits. <br /> e. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations. <br /> f. Actual construction as called for in the design documents and in change orders approved by <br /> the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM. <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, rOvieiivipg 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)wrting;and in advance to be <br /> eligible for financing by the STATE. <br /> 6. STATE May Release Contract. In its sole discretion, the STATE may at any time give any consent, <br /> deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S <br /> obligations under this contract, with valuable consideration, upon such terms and conditions as <br /> the STATE may determine to be advisable to further the purposes of this contract or to protect the <br /> STATE'S financial interest therein, and consistent with both the statutory purposes of this contract <br /> Greeley & Loveland <br /> Irrigation Company Page 9 of 13 Loan Contract <br />