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<br />) <br /> <br />, <br />) <br /> <br />and maintenance, emergency repair services, obsolescence reserves and debt service <br />reserves. BORROWER shall deposit an amount equal to one-tenth of an annual payment into its <br />debt service reserve fund on an annual basis for the first ten years of this loan. <br /> <br />13, Periodic Inspections. Throughout the term of this contract, the BORROWER shall permit a <br />designated representative of the STATE to make periodic inspections of the BORROWER'S opel"ating <br />records, maintenance records, and financial records. Such inspections are solely for the purpose of <br />verifying compliance with the terms and conditions of this contract. <br /> <br />14. Adhere To Applicable Laws. The BORROWER shall strictly adhere to all applicable federal, state, <br />and local laws and regulations that are in effect or may hereafter be established throughout the <br />term of this contract. <br /> <br />15. No Discrimination Of Services. The services of said PROJECT shall be made available within its <br />capacity and in accordance with all pertinent statutes, rules and regulations, and operational <br />guidelines to all persons in the BORROWER'S service area without discrimination as to race, color, <br />religion, or national origin at reasonable charges (including assessments or fees), whether for one <br />or more classes of service, in accordance with a schedule of such charges formally adopted by the <br />BORROWER, as may be modified from time to time. <br /> <br />B. The STATE agrees as follows: <br /> <br />1. Agreement To Loan Money. The STATE agrees to loan to the BORROWER an amount not to <br />exceed that specified in the Promissory Note Provisions of this contract. <br /> <br />2. Disbursements. The BORROWER shall request in writing the amount orloan funds needed for each <br />purchase not less than two weeks before the closing date of that purchase. The STATE shall <br />disburse the requested amount to the BORROWER within ten days of its receipt of the written <br />request. <br />,'. , <br />3. Release After Loan Is Repaid. Upon complete repayment to the STATE of the entire principal and <br />any accrued interest as specified in the promissory note, the STATE agrees to execute releases of <br />the deeds of trust and the security agreements to convey to the BORROWER all of the STATE'S right, <br />. title, and interest in and to the security provided for this loan, and to file a. UCC-3 form willh the <br />Secretary of State to terminate all of the STATE'S rights in and to the security provided for this loan. <br /> <br />C. The STATE and the BORROWER mutually agree as follows: <br /> <br />1. Designated Agent Of The STATE. The CWCB, which includes its agents and employees, is <br />hereby designated as the agent of the STATE for the purpose of this contract. <br /> <br />2. Contract Is Not Assignable. This contract is not assignable by the BORROWER except with the <br />prior written approval of the STATE. <br /> <br />3. Contract Relationship. The parties to this contract intend that the relationship between them <br />contemplated by this contract is that of lender-borrower, not employer-employee. No agent, <br />employee. or servant of the BORROWER shall be, or shall be deemed to be, an employee, agent, or <br />servant of the STATE. The BORROWER shall be solely and entirely responsible for its acts and the <br />acts of its agents, employees~ servants, engineering firms, construction firms, and subcontractors <br />during the performance of this contract. <br /> <br />4. Complete Integration Of All Understandings. This agreement is intended as the co~nplete <br />integration of all understandings between the parties. No prior or contemporaneous addition, <br />deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied <br />herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto <br /> <br />Lower Arkansas Water Management Association <br /> <br />Page 6 of 10 <br /> <br />Loan Contract <br />