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<br />STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM.
<br />
<br />h. Engineering services for construction management, including design and construction management
<br />for STATE-approved change orders.
<br />
<br />i. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing
<br />construction contract documents, and for complying with all federal, state, and local regulatory
<br />requirements. Legal services must be approved in advance by the STATE in writing to be eiigible for
<br />financing by the STATE.
<br />
<br />7. STATE may release contract at its option. In its sole discretion, the STATE may at any time give any
<br />consent, deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S
<br />obligations under this contract, with valuable consideration, upon such terms and conditions as the STATE
<br />may determine to be:
<br />
<br />a. advisable to further the purposes of this contract or to protect the STATE'S financial interest therein, and
<br />
<br />b. consistent with both the statutory purposes of this contract and the limitations of the statutory authority
<br />under which it is made.
<br />
<br />8. Casualty and eminent domain. If, at any time, during the term of this contract, (a) the BORROWER'S
<br />PROJECT facilities, including buildings, or any portion thereof, are damaged or destroyed, in whole or in
<br />part, by fire or other casualty, or (b) title to or use of the PROJECT facilities or any part thereof shall be taken
<br />under the exercise of the power of eminent domain, the BORROWER shall cause the net proceeds of any
<br />insurance claim or condemnation award to be appiied to the prompt replacement, repair and restoration of
<br />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
<br />replacement, repair and restoration, the BORROWER shall complete the work and pay any cost in excess of
<br />the net proceeds.
<br />
<br />9. Services of PROJECT available without discrimination. The BORROWER shall make the services of said
<br />PROJECT availabie within its capacity to all qualified persons in the BORROWER'S service area without
<br />discrimination as to race, color, religion, or natural origin at reasonable charges (including assessments,
<br />taxes, or fees), whether for one or more classes of service, in accordance with a schedule of such charges
<br />formally adopted by the BORROWER through their ordinances or resolutions.
<br />
<br />10. Captions. 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.
<br />
<br />11. 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 />the BORROWER'S compliance with this contract and shall not /o)e construed or interpreted as a technical
<br />review or approval of the actual design or construction of the PROJECT. Notwithstanding any consents or
<br />approvals given to the BORROWER by the STATE on any such documents, the BORROWER and its
<br />CONSULTANT, in preparing any such documents, shall be solely responsible for the accuracy and
<br />completeness of any of said documents.
<br />
<br />12. Addresses for mailing. All notices, correspondence, or other documents required by this contract shall
<br />be delivered or mailed to the following addresses:
<br />
<br />For the STATE:
<br />Colorado Water Conservation Board
<br />Attn: Construction Fund Section
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />For the BORROWER:
<br />Julesburg Irrigation District
<br />Attn: Superintendent
<br />315 Cedar
<br />Julesburg, CO 80737
<br />
<br />Julesburg Irrigation District
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<br />Page 9 of 12
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<br />Loan Contract
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