CT2019-3706 Contract

• Contract/PO #: CT2019-3706
• Contractor Name: Tunnel Water Comapny, The
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

A. "Base Loan Amount"means the amount disbursed to the Borrower,which does not include
the one percent(1%) loan origination fee.
B. "Breach of Contract" means the failure of a Party to perform any of its obligations in
accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The
institution of proceedings under any bankruptcy, insolvency, reorganization or similar law,
by or against Borrower, or the appointment of a receiver or similar officer for Borrower or
any of its property, which is not vacated or fully stayed within 30 days after the institution of
such proceeding, shall also constitute a breach. If Borrower is debarred or suspended under
§24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or
suspension shall constitute a breach.
C. "Business Day"means any day other than Saturday, Sunday, or a Legal Holiday as listed in
§24-11-101(1), C.R.S.
D. "Collateral"means property or other assets that the Borrower offers as security for the loan,
also referred to as the "Pledged Property."
E. "Contract" means this agreement, including all attached Appendices, all documents
incorporated by reference, all referenced statutes, rules and cited aithorities, and any future
modifications thereto.
F. "Contract Funds"means the funds that have been appropriated, designated,encumbered,or
otherwise made available for payment by the State under this Contract.
G. "CORA"means the Colorado Open Records Act, §§24-72-200.1, er. seq., C.R.S.
H. "Deed of Trust" means the security instrument conveying the title of a particular piece of
property or other assets as collateral for this loan.
I. "Incident"means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access, loss, disclosure,modification, disruption,or destruction of
any communications or information resources of the State, which are included as part of the
Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without limitation,
(i) successful attempts to gain unauthorized access to a State system or State Information
regardless of where such information is located;(ii)unwanted disruption or denial of service;
(iii) the unauthorized use of a State system for the processing of storage of data; or (iv)
changes to State system hardware, firmware, or software characteristics without the State's
knowledge, instruction, or consent.
J. "Loan Effective Date"means the date on which this Contract is approved and signed by the
Colorado State Controller or designee, as shown on the Signature Page for this Contract.
K. "Loan Origination Fee"means CWCB's Origination Fee of one percent(1%),added to the
Base Loan Amount in accordance with CWCB Policy No. 16, re$ulting in the Total Loan
Amount shown on the Cover page of this Contract.
L. "Parity Indebtedness"means any existing parity debt and additiolial indebtedness that may
be secured in the future.
M. "Party" means the State or Borrower, and"Parties"means both the State and Borrower.
N. "Pledged Property"means the property pledged to secure repayment of this loan.
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