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t <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 <br /> of all required permits. <br /> e. Fish and wildlife mitigation measures required by federal, state, or local laws and <br /> regulations. <br /> f. Actual construction as called for in the design documents and in change orders approved <br /> by 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, reviewing this contract, <br /> reviewing construction contract documents, and for complying with all federal, state, and <br /> local regulatory requirements. Legal services must be approved by the STATE in writing and <br /> in advance to be eligible for financing by the STATE. <br /> 6. STATE may release contract at its option. In its sole discretion, the STATE may at any time <br /> give any 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 /> 7. Casualty and eminent domain. If, at any time;,dtrin the term of this contract, (a) the <br /> BORROWER'S PROJECT facilities and/or property pledged a c ll.a ra for.this loan, including buildings <br /> w <br /> or any portion thereof, are damaged or destroyed, in 9.ol or:in 'art, lj fire or other casualty, or <br /> (b) title to or use of the PROJECT facilities or any part thereof srfell ata n under the exercise of the <br /> power of eminent domain, the BORROWER shall Cause the net proceeds of any insurance claim or <br /> condemnation award to be applied to the prompt repfademerf;fropair and restoration of the PROJECT <br /> facilities or any portion thereof. Any net proceeds remainirSg after!such work has been completed <br /> shall be paid to the BORROWER. If the net proceeds are insufficient .to pay the full cost of the <br /> replacement, repair and restoration, the BORROWER shall complete the work—and pay any cost in <br /> excess of the net proceeds. <br /> 8. Captions. The captions and headings contained in this contract are for convenience and <br /> reference only and shall not be construed so as to define or limit the terms or provisions contracted <br /> herein. <br /> 9. STATE'S approval. This contract requires review and approval of plans, specifications, and <br /> various other technical and legal documents. The STATE'S review of these documents is only for the <br /> purpose of verifying BORROWER'S compliance with this contract and shall not be construed or <br /> interpreted as a technical review or approval of the actual design or construction of the PROJECT <br /> rehabilitation. Notwithstanding any consents or approvals given to the BORROWER by the STATE on <br /> any such documents, BORROWER and its CONSULTANT, by preparing any such documents, shall be <br /> solely responsible for the accuracy and completeness of any of said documents. <br /> 10. 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 /> Beaver Park Water, Inc. Page 9 of 12 Loan Contract <br />