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CT2019-3463 Contract
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CT2019-3463 Contract
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Last modified
5/15/2019 1:54:47 PM
Creation date
5/15/2019 1:54:25 PM
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Loan Projects
Contract/PO #
CT2019-3463
Contractor Name
Left Hand Ditch Comapny
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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O. "Pledged Revenues" means the revenues that consist solely of t Borrower's revenues <br /> pledged for repayment of this loan, as defined in the Resolution and Set forth in the Security <br /> Agreement. <br /> P. "Project Extension Terms-State Option"means the time period defined in§2.D. <br /> Q. "Project Term"means the time period defined in§2.B. <br /> R. "Promissory Note"means the document issued to secure repayment of this loan. <br /> S. "Resolution" means the Borrower's written authority to enter intoContract. <br /> T. "SecurityAgreement" means the document that provides a security <br /> interest in a specified <br /> revenue pledged to repay this loan. <br /> U. "State Confidential Information"means any and all State Records tot subject to disclosure <br /> under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, <br /> PCI, Tax Information, CJI, and State personnel records not subject to disclosure under <br /> CORA. State Confidential Information shall not include information or data concerning <br /> individuals that is not deemed confidential but nevertheless belongs to the State, which has <br /> been communicated, furnished, or disclosed by the State to BorrowOr which (i) is subject to <br /> disclosure pursuant to CORA; (ii) is already known to Borrower without restrictions at the <br /> time of its disclosure to Borrower;(iii)is or subsequently becomes publicly available without <br /> breach of any obligation owed by Borrower to the State;(iv)is disclosed to Borrower,without <br /> confidentiality obligations,by a third party who has the right to disclose such information; or <br /> (v)was independently developed without reliance on any State Confidential Information. <br /> V. "State Fiscal Rules" means that fiscal rules promulgated by the Colorado State Controller <br /> pursuant to §24-30-202(13) (a), C.R.S. <br /> W. "State Fiscal Year"means a 12 month period beginning on July 1 of each calendar year and <br /> ending on June 30 of the following calendar year. If a single calendar year follows the term, <br /> then it means the State Fiscal Year ending in that calendar year. <br /> X. "State Records" means any and all State data, information, and records, regardless of <br /> physical form, including, but not limited to, information subject to disclosure under CORA. <br /> Y. "Subcontractor"means third-parties, if any, engaged by Borrower to aid in performance of <br /> the Work. <br /> Z. "Total Loan Amount"means the total of the Base Loan Amount plus the Origination fee of <br /> one percent(1%). <br /> Any other term used in this Contract that is defined in an Exhibit shall be construed and interpreted <br /> as defined in that Exhibit. <br /> 4. AMENDMENTS AND OPTION LETTERS <br /> In the event that the Borrower does not use the full amount authorized,the Parties shall amend this <br /> Contract or the State may exercise an Option Letter (attached as Appendix 2) and incorporated <br /> herein,to decrease the Total Loan Amount including an adjustment of the Origination Fee to reflect <br /> 1% of the actual amount disbursed to the Borrower. An amendment t this Contract shall be <br /> executed for the following changes including, but not limited to, a change in pledged revenues or <br /> property, an increase in Total Loan Amount, and a decrease in Total Loan Amount with a change <br /> in the annual loan payment.Additionally,upon substantial completion ofhe Project,the following <br /> applies: <br /> Contract Number:CT2019-3463 Page 6 of 20 Version 0119 <br />
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