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C-153757 PIF
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C-153757 PIF
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Last modified
5/30/2019 10:50:51 AM
Creation date
5/30/2019 10:50:31 AM
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Loan Projects
Contract/PO #
C-153757
Contractor Name
Decker Lateral Company, The
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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local regulatory requirements. Legal services must be approved by the STATE in writing <br /> and in advance to be eligible for financing by the STATE. <br /> 6. STATE May Release Contract. In its sole discretion, the STATE may at any time give any <br /> 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 <br /> and conditions as the STATE may determine to be advisable to further the purposes of this <br /> contract or to protect the STATE'S financial interest therein, and consistent with both the <br /> statutory purposes of this contract and the limitations of the statutory authority under which it <br /> is made. <br /> 7. Casualty And Eminent Domain. If, at any time, during the term of this contract, (a) the <br /> BORROWER'S PROJECT facilities and/or property pledged as collateral for this loan, including <br /> buildings or any portion thereof, are damaged or destroyed, in whole or in part, by fire or <br /> other casualty, or (b) title to or use of the PROJECT facilities or any part thereof shall be taken <br /> 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 <br /> replacement, repair and restoration of the PROJECT facilities or any portion thereof. Any net <br /> proceeds remaining after such work has been completed shall be paid to the BORROWER. If <br /> the net 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 <br /> 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 <br /> contracted herein. <br /> Bak9. STATE'S Approval. This contract requires r oans, specifications, and <br /> various other technical and legal documents. e TATE'S review of these documents is only <br /> for the purpose of verifying BORROWER'S compliance with this contract and shall not be <br /> construed or interpreted as a technical review or approval of the actual design or construction <br /> of the PROJECT rehabilitation. Notwithstanding any consents or approvals given to the <br /> BORROWER by the STATE on any such documents, BORROWER and its CONSULTANT, by <br /> preparing any such documents, shall be solely responsible for the accuracy and <br /> 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 /> 11. Addresses for mailing. All notices, correspondence, or other documents required by this <br /> contract shall be delivered or mailed to the following addresses: <br /> For the STATE: For the BORROWER: <br /> Colorado Water Conservation Board The Decker Lateral Company <br /> Attn.: Construction Fund Section 30896 WCR 57 <br /> 1313 Sherman Street, Room 721 Gill, CO 80624 <br /> Denver, CO 80203 <br /> The Decker Lateral Company Page 10 of 14 Loan Contract <br />
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