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C153857 PIF
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C153857 PIF
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Last modified
2/27/2019 11:19:13 AM
Creation date
2/27/2019 11:18:56 AM
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Loan Projects
Contract/PO #
C153857
Contractor Name
Western Mutual Ditch Company
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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• • <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 hereto <br /> shall have any force or effect unless embodied in a written contract executed and approved pursuant <br /> to STATE fiscal rules, with the exception of the Revision Letter as described in the Changes Provision <br /> of this contract. <br /> 5. In Event Of A Conflict. In the event of conflict between the terms of this contract and conditions as <br /> 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 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 all <br /> 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 the <br /> 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, 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 writing and in advance to be <br /> eligible for financing by the STATE. <br /> 7. 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 the <br /> STATE may determine to be advisable to further the purposesl 'f, loi totect the <br /> STATE'S financial interest therein, and consistent with both the sta itofitract and <br /> the limitations of the statutory authority under which it is made. <br /> 8. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the BORROWER'S <br /> PROJECT facilities including buildings or any portion thereof, are damaged or destroyed, in whole or in <br /> part, by fire or other casualty, or(b)title to or use of the PROJECT facilities or any part thereof shall be <br /> taken under the exercise of the power of eminent domain, the BORROWER shall cause the net <br /> proceeds of any 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 this loan. <br /> Any net proceeds remaining after such work has been completed shall be retained by the BORROWER. If <br /> the net 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 proceeds. <br /> In the event Borrower opts to repay the loan, Borrower shall remain responsible for the full loan <br /> amount outstanding regardless of the amount of such insurance proceeds or condemnation award. <br /> Western Mutual Ditch Company Page 9 of 13 Loan Contract <br />
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