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<br />'. <br /> <br />j. Upon completion of the PROJECT construction, the BORROWER shall arrange a final inspection for the <br />CWCB staff, CONSTRUCTION FIRM, and the CONSULTANT. <br /> <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 shali commence with <br />construction in order to complete the PROJECT no later than one (1) year from the date of this contract. The <br />time for completion of the PROJECT may be extended subject to the approval of the STATE. The BORROWER must <br />provide, in writing, documented justification for any request for an extension within sixty (60) days prior to <br />the end of the period for completion. <br /> <br />3. Indemnification by the CONSTRUCTION FIRM. The BORROWER shall require all CONSTRUCTION FIRMS and <br />their subcontractors to indemnify the STATE and BORROWER against all liability and loss, and against all claims <br />and actions based upon or arisin9 out of damage or injury, includin9 death, to persons or property, caused by <br />any acts or omissions of those parties or sustained in connection with the performance of any contract related <br />to the PROJECT or by conditions created thereby, or based upon any violation of any statute, ordinance, or <br />regulation, and the defense of any such claims or actions. <br /> <br />_ 4. Liability insurance during construction. The BORROWER shall require the CONSTRUCTION FIRM and its <br />subcontractors to maintain, during the term of their contracts for construction of the PROJECT, the followin9 <br />insurance with a company that is satisfactory to the STATE: <br /> <br />a. Worker's compensation and employer's liability insurance in the required statutory amounts. <br /> <br />b. Automobile liability insurance which includes coverage for all owned, non-owned and hired vehicles <br />with minimum limits of $1,000,000 combined single limit for bodily injury and property damage. <br /> <br />c. Commercial general liability insurance with 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 progress for all perils of loss including fire, wind, hail, vandalism, <br />and flood in 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 provided <br />to the STATE prior to beginning of construction and maintained until construction is complete. No payments <br />shall be made to the BORROWER unless all insurance certificates are current. Notices of renewals of said policies <br />shall also be filed with the STATE as they occur. <br /> <br />Durin9 the time of construction, the STATE reserves the right to increase the above amount of insurance <br />so that said amounts at a minimum correspond to the amounts established by the Colorado Governmental <br />Immunity 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 economical manner. <br />The BORROWER agrees to indemnify and hold the STATE harmless from any liability incurred by the STATE as a <br />result of the STATE'S interest in the PROJECT facilities. <br /> <br />6. BORROWER'S liability insurance. Upon execution of this contract and continuing until complete <br />repayment of the loan is made to the STATE, the BORROWER shall maintain commercial general liability insurance <br />with a company that is satisfactory to the STATE covering the management, operation, and maintenance of <br />the PROJECT with minimum limits of $1,000,000 combined single limit for each occurrence and $2,000,000 <br />general aggregate, including products/completed operations and personal injury. <br /> <br />Town of Lyons <br /> <br />Page 3 of 12 <br /> <br />Loan Contract <br />