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<br />person, othel' than a bona fide employee working solely for the BORROWER, to solicit
<br />or secul'e this contract and has not paid or agreed to pay any person, company,
<br />corporation, individual, 01' firm, other than a bona tide employee, any fee,
<br />commission, percentage, gift, or other consideration contingent upon or resulting
<br />from the award or the making of this contract.
<br />
<br />10. Remedies For Default. Upon default in the payments to be ma(je by the BOR[-,OWEI<
<br />under this contract, or default in the performance of any covenant or agl-eement
<br />contained herein, the CWCB, at its option, may:
<br />
<br />a. declare the entire principal amount, accrued interest, and late charges, if any, then
<br />outstanding immediately due and payable; and/or
<br />
<br />b_ take any other appropnate action_
<br />
<br />,<\11 remedies described herein may be simu!taneously or selectively and successively
<br />enforced. The CVVCB may enforce the provisions of this contract at its option without
<br />regard to prior waivers of previous defaults by the BORROWER, through judicial
<br />proceedings to reqUire specific performance of this contmct, or by suerl other
<br />proceedings in law or equity as may be deemed nec.essary by the CWCB to ensure
<br />compliance with provisions of this contract and the laws and regulations under which this
<br />contmct is execute(J, The CWCS's exercise of any or all of the remedies described
<br />ilerein shall not reiieve the BORI-,OWER of any of its duties and obligations under tilis
<br />contract.
<br />
<br />11. BORROWER'S Liability. The BORROWER, as a Federal agency, is limited by Federal
<br />law in the manner in which it may subject itself to liability through contract, including this
<br />LOAN CONTRACT, particulariy for tortious, as opposed to contractual, claims. The
<br />Federai Anti-Deficiency Act (31 U.S,C. 1341 (a)) legally prohibits Ule BORROWER from
<br />indemnifying, saving or hOI(jing harmless the CWCS uncjer this LOAN CONTRACT_ A
<br />Federai agency Illay not indemnify, save or hold harmless another entity witilout
<br />specific authol-ization of Conwess, The BORROWER has obtained no such
<br />authorization for this LO,AN CONTRJ-\CT. The CWCS agrees to make all non-contmct
<br />based claims against the BORROWER under the Federai Tort Ciaims Act, 28 U,S.C_
<br />26/1, The BORROWER'S ability to pay meritorious claims under the Federa! Tort
<br />Claims Act is backed by the Federal Governmenrs Judgment Fund. Federal agencies,
<br />including the BORROWER, are fJeneraily prohibited from purchasin(l and carrying
<br />insurance, Federal agencies, inciuding the BORROWER in this regard, are in effect
<br />self-insured for these types of claims. 19 Compo Gen. 211 (1939).
<br />B_ GENERAL PROVISIONS
<br />
<br />1. Adhere To Applicable Laws_ The BORROWER shall strictly adhere to all applicabie
<br />Federal, state, and iocal laws and regulations tilat are in effect or may hereafter be
<br />established throughout the term of this contract.
<br />
<br />2. Designated Agent Of The STATE, The CWCB's agents and employees are hereby
<br />designated as the agents of the ST.ATE for the purpose of this contract.
<br />
<br />3. Contract 15 Not Assignable, The BORROWER may not assign this contract except with
<br />the prior written approval of the CWCB.
<br />4. Contract Relationship, The parties to this contract intend that the relationship betvveen
<br />
<br />F'age 4 of 8
<br />
<br />Loan Contract
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