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<br />2. Time for PROJECT completion. 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 commence <br />with construction in order to complete the PROJECT no later than nine (9) months from the date of this <br />contract. The time for completion of the PROJECT may be extended subject to the approval of the <br />STATE. The BORROWER must provide, in writing, documented justification for any request for an <br />extension within sixty (60) days prior to the end of the period for completion. <br /> <br />3. Indemnification by the CONSTRUCTION FIRM. The BORROWER shall require all CONSTRUCTION FIRMS <br />and their subcontractors to indemnify the STATE and BORROWER against all liability and loss, and <br />against all claims and actions based upon or arising out of damage or injury, including death, to <br />persons or property, caused by any acts or omissions of those parties or sustained in connection with <br />the performance of any contract related to the PROJECT or by conditions created thereby, or based <br />upon any violation of any statute, ordinance, or regulation, and the defense of any such claims or <br />actions. <br /> <br />4. Liability insurance during construction. The BORROWER shall require the CONSTRUCTION FIRM and <br />its subcontractors to maintain, during the term of their contracts for construction of the PROJECT, the <br />following insurance with a company that is satisfactory to the STATE: <br /> <br />a. Worker's compensation and employer's li"bility insurance in the required statutory amounts. <br /> <br />b. Automobile liability insurance which includes coverage for all owned, non-owned and hired <br />vehicles with minimum limits of $1,000,000 combined single limit for bodily injury and property <br />damage. <br /> <br />c. Commercial general liability insurance witl1 minimum limits of $1,000,000 combined single limit for <br />each occurrence and $2,000,000 general aggregate. This insurance coverage shall include <br />products/completed operations and personal injury. <br /> <br />d. Builder's risk for construction in progre!>s for all perils of loss including fire, wind, hail, and <br />vandalismin an amount equal to the completed value of the PROJECT. <br /> <br />Said general liability insurance shall name the BORROWER and the STATE as additional insured. An <br />additional insured endorsement and a current copy of a certificate of said liability insurance must be <br />provided to the STATE prior to beginning of construction and maintained until construction is complete. <br />No payments shall be made to the BORROWtR unless all insurance certificates are current. Notices <br />of renewals of said policies shall also be filed with the STATE as they occur. During the time of <br />construction, the STATE reserves the right to increase the above amount of insurance so that said <br />amounts at a minimum correspond to the amounts established by Colorado Governmental Immunity <br />Act, now and as hereafter amended. <br /> <br />5. BORROWER'S indemnification of the STATE. The BORROWER shall, without expense or legal liability <br />to the STATE, manage, operate, and maintain the PROJECT continuously in an efficient and <br />economical manner. The BORROWER agreeS to indemnify and hold the STATE harmless from any <br />liability incurred by the STATE as a result of the STATE'S interest in the PROJECT facilities. <br /> <br />6. BORROWER'S liability insurance. Upon execution of this contraot and continuing until complete <br />repayment of the loan is made to the STAlE, the BORROWER shall maintain commercial general <br />liability insurance with a oompany that is satisfactory to the STATE covering the management, <br />operation, and maintenance of the PROJECT with minimum limits of $1,000,000 oombined single limit <br />for eaoh occurrence and $2,000,000 general ilggregate, including products/completed operations and <br /> <br />Julesburg Irrigation District <br /> <br />Page 3 of 12 <br /> <br />Loan Contract <br />