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<br />such terms and conditions as the CWCB may determine to be advisable to further the <br />purposes of this contract or to protect the CWCB's financial interest therein, and <br />consistent with both the statutory purposes of this contract and the limitations of the <br />statutory authority under which it is made. <br /> <br />9. Casualty and Eminent Domain. If, at any time, during the term of this contract, <br />(a) the BORROWER'S PROJECT facilities including buildings or any portion thereof, are <br />damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use <br />of the PROJECT facilities or any part thereof shall be taken under the exercise of the <br />power of eminent domain, the BORROWER shall cause the net proceeds of any <br />insurance claim or condemnation award to be applied to the prompt replacement, <br />repair and restoration of the PROJECT facilities or any portion thereof, or to repayment of <br />this loan. Any net proceeds remaining after such work has been completed or this loan <br />has been repaid, shall be retained by the BORROWER. If the net insurance proceeds <br />are insufficient to pay the full cost of the replacement, repair and restoration, the <br />BORROWER shall complete the work and pay any cost in excess of the net proceeds. In <br />the event BORROWER chooses to repay the loan, BORROWER shall remain responsible <br />for the full loan amount outstanding regardless of the amount of such insurance <br />proceeds or condemnation award. <br /> <br />10. Captions. The captions and headings contained in this contract are for convenience <br />and reference only and shall not be construed so as to define or limit the terms or <br />provisions contracted herein. <br /> <br />11. ewcs's Approval. This contract requires review and approval of plans, <br />specifications, and various other technical and legal documents. The CWCB's review <br />of these documents is only for the purpose of verifying BORROWER'S compliance with <br />this contract and shall not be construed or interpreted as a technical review or approval <br />of the actual design or construction of the PROJECT. Notwithstanding any consents or <br />approvals given to the BORROWER by the CWCB on any such documents, BORROWER <br />and any of its consultants, by preparing any such documents, shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br /> <br />12. 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 /> <br />13. Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Project <br />Summary, Section 1 for the BORROWER and to the address below for the CWCB: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />SPECIAL PROVISIONS (12/01 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants. <br /> <br />1. CONTROLLER'S APPROVAL. CRS 24.30,202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of the <br /> <br />Page 7 of 9 <br />