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<br />. <br /> <br />. <br /> <br />2. Eligible Expenses. Listed below are the PROJECT expenses for which the BORROWER <br />is eligible for reimbursement: <br />a. Preparing frnal designs and specifications for the PROJECT. <br />b. Preparing bid and construction contract documents. <br />c. Preparing environmental assessment or environmental impact statements, and <br />otherwise complying with the Federal National Environmental Policy Act. <br /> <br />d. Complying with all federal, state, and local regulatory requirements, including the <br />obtaining of all required permits. <br />e. Fish and wildlife mitigation measures required by federal, state, or local taws and <br />regulations. <br />f. Actual construction as called for in the design documents and in change orders <br />approved by the CWCB and the BORROWER. <br />g. Engineering seNices for construction management, including design and construction <br />management for CWCB-approved change orders. <br />h. Interest during completion of the PROJECT pursuant to Paragraph A.2 herein. <br /> <br />i. Legal seNices for reviewing engineering seNices contracts, reviewing this contract, <br />reviewing construction contract documents, and for complying with all federal, state, <br />and local regulatory requirements. <br />3. Loan Disbursements.' The BORROWER shall provide to the CWCB a report prior to each <br />loan disbursement that states the PROJECT tasks completed and the costs expended for <br />that period. The CWCB shall disburse loan funds in accordance with Section 4, <br />(Disbursement Schedule) of the Project Summary. <br />4. Time for Performance. The BORROWER recognizes that time is of the essence in the <br />performance of all of its obligations under this contract. Therefore, the BORROWER shall <br />complete the PROJECT within the time specified in Section 5 (Time For Performance) of <br />the Project Summary. <br />5. Indemnification By The Construction Firm. The BORROWER shall require all <br />Construction Firms and their subcontractors to indemnify the CWCB and the BORROWER <br />against all liability and loss, and against all claims and actions based upon or arising out <br />of damage or injury, including death, to persons or property, caused by any acts or <br />omissions of those parties or sustained in connection with the performance of any <br />contract related to the PROJECT or by conditions created thereby, or based upon any <br />violation of any statute, ordinance, or regulation, and the defense of any such claims or <br />actions. <br /> <br />6. Liability Insurance During Construction. During construction of the PROJECT, the <br />BORROWER shall require the construction firm(s) and any subcontractors to maintain the <br />following insurance coverage in the limits shown with a company that is satisfactory to the <br />CWCB during the term of their contracts for the construction of the PROJECT. Said <br />general liability insurance shall name the BORROWER and the CWCB as additional <br />insured. An additional insured endorsement and a copy of a current certificate of said <br />liability insurance must be provided to the CWCB prior to commencement of construction <br />and maintained until construction is complete. No payments shall be made to the <br />BORROWER unless all insurance certificates are current. The BORROWER shall file notices <br /> <br />Tunnel Water Company <br /> <br />Page 6 of 11 <br /> <br />Loan Contract <br /> <br />