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<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.
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<br />5, Waiver. The waiver 01 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.
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<br />6. Eligible expenses. PROJECT costs eligible lor refinancing by the STATE shall include, but
<br />not be limited to, the cost of planning, design, right-of-way acquisition, purchase 01 raw
<br />water rights, and construction of the Morgan Pipeline.
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<br />7. STATE may release contract at its option. In its sole discretion, the STATE may a~ any
<br />time give any consent, deferment, subordination, release, satisfaction, or termination of
<br />any or all of the CrTY's andior BORROWER'S obligations under this contract, with valuable
<br />consideration, upon such terms and conditions as the STATE may determine to be:
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<br />a. advisable to further the purposes of this contract or to protect the STATE'S financial
<br />interest therein, and
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<br />b. consistent with both the statutory purposes of this contract and the limitations of the
<br />statutory authority under which it is made.
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<br />S, Casualty and eminent domain. If, at any time, during the term 01 this contract, (a) the
<br />CITY'S PROJECT facilities, including buildings, or any portion thereof, are damaged or
<br />destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT
<br />facilities or any part thereof shall be taken under the exercise of the power of eminent
<br />domain, the CITY shall cause the net proceeds of any insurance claim or condemnation
<br />award to be applied to the prompt replacement, repair and restoration of the PROJECT
<br />facilities or any portion thereof. Any net proceeds remaining after such work has been
<br />completed shall be paid to the BORROWER. If the net proceeds are insufficient to pay the
<br />full cost of the replacement, repair and restoration, the CITY shall complete the work and
<br />pay any cost in excess of the net proceeds.
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<br />9. Services of PROJECT available without discrimination. The CITY shall make the services
<br />of said PROJECT available within its capacity to all qualified persons in the CITY'S service
<br />area without discrimination as to race, color, religion, or natural origin at reasonable
<br />charges (including assessments, taxes, or fees), whether for one or more classes of
<br />service, in accordance with a schedule of such charges formally adopted by the CITY
<br />through its ordinances or resolutions.
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<br />10, Captions, That 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.
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<br />11. STATE'S approval. This contract requires review and approval of plans, specifications, and
<br />various other technical and legal documents. The STATE'S review of these documents is
<br />only lor the purpose of verifying the CITY'S and the BORROWER'S compliance with this
<br />contract and shall not be construed or interpreted as a technical review or approval of the
<br />actual design or construction of the PROJECT. Notwithstanding any consents or approvals
<br />given to the CITY and/or the BORROWER by the STATE on any such documents, the CITY, the
<br />BORROWER and their CONSULTANT, in preparing any such documents shall be solely
<br />responsible lor the accuracy and completeness of any of said documents.
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<br />City of Fort Morgan, Colorado &
<br />City of Fort Morgan, Colorado, Water Works and Distribution Enterprise
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