PROJ00198

• Contract/PO #: C153668
• Contractor Name: Erie, Town of
• Contract Type: Loan
• Water District: 0
• County: Weld
• Bill Number: SB 90-41
• Loan Projects - Doc Type: Contract Documents

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amount. Allottee has already paid $143.700. Allottee shall pay an additional
$11.700 as the remaining amount due for its share of PipeliIle pre-construction
costs upon the mutual executJon of this COntract.

b. In return for the perpetual. exclusive allocation and use of Pipeline capacity as
described in thiS Contract. subject to the terms and conditions of this Contract
and as prOVided in C.RS. 1313 37-45-101 et seQ.. as amended. Allottee shall pay
to the SWSP Enterprise Allottee's Construction Costs in the total amount of
$1.299.000 on the fifth (5th) business day after receipt of written notice that the
Unlted States Department of energy has reimbursed Broomfield for all amounts
advanced by Broomfield to SWSP Enterprise which amount shall not be less
than $18,380,000.

1. Upon payment of Allottee's Construction Costs. Allottee shall also 1) pay
the SWSP Enterprise fjve percent (5%) of the Allottee's Construction
Costs to be used by the SWSP Enterprise to pay for additional
pre construction costs !lot included in the payments set forth in
paragraph 6.a. above, If any, and to pay for change orders under the
construction contracts made necessary by changed or unforeseeable
conditions. delays or other claims by the contractors (prOvided that the
SWSP Enterprise shall reasonably pursue claims againSt third parties
who may be liable for part or all of said delays or clairos) and 2) shall '
deposit in an interest bearing escrow account mutually acceptable to the
SWSP Enterprise and the Allottee an additional five percent (5%) of the
Allottee's Construction Costs (or Allottee shall deposit such amount in
twelve (12) equal montl1ly insta11ments, at its option. co=encing on the
date of payment of the ,Allottee's Construction Costs) to be released upon
mutual agreement of tbe SWSP Enterprise and Allottee for payment of
change orders or other charges for Pipeline construction. The escrow
account shall be termlrlated and any unused funds returned to the
Allottee. and the SWSP Enterprise shall refund to the Allottee any
portion of the five percent (5%) paid to the SWSP Enterprise pursuant to
item I) above that is not used. when construction of the Pipeline has
been fInally completed. all contractors have been finally paid and all
claims have been settled.

il. At such time that it appears that the five percent (5%) fund provided in
paragraph 6.b.!.. item 1). will be depleted. the SWSP Enterprise shall give
at least fifteen (15) day.:; advance written notice to all Participants
accompanied by reasonable information regarding past change orders
and the possible need for additional change orders. and may request
additional contrtbution5 from the escrow account described in
paragraph 6.b.l.. item 2). or from' other sources if the escrow account
has been depleted, In the event that no Participant agrees to prOVide the
additional funds, the SWSP Enterprise shall either complete construction
of the ProJect. if possible. With the remaining funds avallable to it or
proceed in accordance with paragraph 17 below. In tbe event that one
or more Participants agrees to prOVide the additional funds. the SWSP
Enterprise shall request in writing that all Participants prOVide their pro
rata share of the additional funds and proceed pursuant to paragraph
6.b,ili. below.

ill. Within thirty (30) days after the SWSP Enterprise's written request
pursuant to paragraph 6.b.!!. above. Allottee shall pay the SWSP
Enterprise such additional funds as are necessary to complete
construction of the Pipeline. The requirement to pay such additional

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