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<br />c. Preparing environmental assessment or environmental impact statements. and otherwise complying with
<br />the Federal National Environmental Policy Act.
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<br />d. Complying with all federal, state, and local regulatory requirements, including the obtaining of all
<br />required permits,
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<br />e. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations.
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<br />f, Actual construction as called for in the design documents and in change orders approved by the STATE,
<br />the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM,
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<br />g. Engineering services for construction management, including design and construction management for
<br />STATE-approved change orders. .
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<br />h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing
<br />construction contract documents, acquiring the lilnd and water rights needed for the PROJECT, and for
<br />complying with all federal, state, and local regulatory requirements. - Legal services must be approved by
<br />the STATE in writing before they are rendered to be eligible for payment by the STATE,
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<br />6. STATE may release contract at its option. In its sole discretion, the STATE may at any time give any consent,
<br />deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S obligations under this
<br />contract with valuable 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 t~ct the STATE'S financial interest therein, and
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<br />b. consistent with both the :tatutory purposes otJ~~~ntr~~ the &.~tations of the statutory authority
<br />under which it is made. U _ ~ ~-tJi _
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<br />7. Casualty and eminent domain. .If, at anytime, during e ter\9@rthis contract, (a) the BORROWER'S PROJECT
<br />facilities a-nd/or property pledged as collateral for this loan, includ~r;!.9buildings or any portion thereof, are damaged
<br />or destroyed, in whole or in part, by fire or other casualty, ol4!i}title to or use of the PROJECT facilities or any part
<br />thereof shall be taken under the exercise of the power Ob-liminent domain, the BORROWER .shall cause the net
<br />proceeds of any _ insurance claim or condemnation award to be applied to the prompt replacement, repair and
<br />restoration of the PROJECT 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 full cost of the replacement,
<br />repair and restoration, the BORROWER shall complete the work and pay any cost in excess of the net proceeds.
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<br />8, Captions. That the captions and headings contained in this contract are for convenience and reference only
<br />and shall not be construed so as to define or limit the terms.or provisions contracted herein,
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<br />9. STATE'S approval. This contract requires review and approval-of plans, specifications, and various other
<br />technical and legal documents, The STATE'S review of these documents is only for the purpose of verifying
<br />BORROWER'S compliance with this contract and shall not be construed or interpreted as a technicai review or approval
<br />of the actual design or construction of the PROJECT, Notwithstanding any consents or~,!71' ovals given the BORROWER
<br />by the STATE on any such documents, BORROWER and its CONSULTANT preparing al).)( sue documents shall be solely
<br />responsible for the accuracy and completeness of any ofthe construction dEll<um- '.. _ -
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<br />10, Addresses for mailing. All notices, correspondence, or other dO'@rn ~ts r ired by this contract shall be
<br />delivered or mailed to the following addresses: >Y
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<br />LLOYD RANCH LIMITED PARTNERSHIP
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<br />Page 7 of 10
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<br />LOAN CONTRACT
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