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<br />them under this contract is tllat of lender-borrower', not employer-employee. ~~o agent,
<br />employee, 01' servant of the BORROWER stlall be, or shall be deemed to be, an employee,
<br />agent, or servant of the eWCB. The BORROVVER shali IJe soiely and entirely responsible
<br />for its acts and the acts of its agents, employees, servants, engineering firms,
<br />cOllstruction firms, and subr..ontractors during tile term of this contract.
<br />
<br />5. Complete integration Of AI! Understandings, This agreement is intended as the
<br />complete integratIon of all understandings [)etween the pmiies. No prior or
<br />contemporaneous addition, deletion, or other amendment hereto shall have any force or
<br />effect whatsoever unless embodied herein in writing" No subsequent novation, renewal,
<br />addition, deletion, or other amendment hereto shall have any force or effect unless
<br />embodied in a written contract executed and approved pursuant to STATE fiscal rules,
<br />unless expressly provided for herein.
<br />
<br />6. In EVtmt Of A Conflkt In the event of contllct between the temlS of thiS contract and
<br />conditions as set forth in any of the appendices, the provisions of this contract shall
<br />control.
<br />
<br />/. CWeB May Release Contract In its sole discretion, the CWCB may at any time give any
<br />consent, deferment, subordination, release, satisfaction, or termination of any or ail of the
<br />BORROWER'S obl!gations under this contract, with valuable consideration, upon such terms
<br />and conditions as the eWCB may determine to be advisable to further the purposes of
<br />this contract or to protect the eWeB's financial interest the,'ein, and consistent with both
<br />the statutory purposes of this Contract and the limitations of the statutory authority under
<br />which it is made.
<br />
<br />5" Casualty, If, at any time, during the term of this contract, U1e BORROWER'S PROJECT
<br />facilities including buildings or any portion thereof, are damaged or destroyed, in whoie or
<br />in part, by fire or other casualty, the BORROWER shail cause the net proceeds of any
<br />insurance claim to be appiied to the prompt replacement, repair and restoration of the
<br />PROJECT facilities or any portion thereof, or to repayment of this loan. Any net proceeds
<br />remaining after such work has been completed shed! be retained by the BORROWER. If ttle
<br />net insurance proceeds are insufficient to pay the fuil cost of the replac.ement, repair and
<br />restoration, the BORROVVER snail complete the work and pay any cost in excess of the net
<br />proceeds. In the event Borrower opts to repay the loan, Borrower shall remain
<br />responsibie for the full loan amount olitstanding regardiess of the amount of slich
<br />insurance proceeds,
<br />9 Captions, Tile captions and headings contained in this contract are for convenience<mJ
<br />reference only and shall not be construed so as to define or limit the terms or provisions
<br />contracted herein.
<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 terrn, or of any subsequent breach of the same term.
<br />
<br />11. Addresses for mailing, All notices, correspondence, or other documents required by
<br />ttlis contract shall be deiivered or mailed to tile addresses shown below:
<br />
<br />eWC8: Colorado Water Conser,;ation Board
<br />Attn: Construction Fund Section
<br />1313 Sherman Street, Room 721
<br />Denver, eo 80203
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<br />Page 5 of 8
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<br />Loan CO!~tr;:lGt
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