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<br />.~'..,. <br /> <br />2. Contract is not assignable. This contract is not assignable by the TOWN or the BORROWER except with <br />the prior written approval of the STATE. <br /> <br />3. Contract relationship. The parties to this contract intend that the relationship between them <br />contemplated by this contract is that of lender-borrower, not employer-employee. No agent, employee, or <br />servant of the BORROWER shall be, or shall be deemed to be, an employee, agent, or servant of the STATE. The <br />BORROWER shall be solely and entirely responsible for their acts and the acts of their agents, employees, <br />servants, en9ineering firms, construction firms, and 5ubcontractors durin9 the performance of this contract. <br /> <br />4. Complete integration of all understandings. This agreement is intended as the complete inte9ration <br />of all understandings between the parties. No prior or contemporaneous addition, deletion, or other <br />amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No <br />subsequent novation, renewal, addition, deletion, or other amendme'nt hereto shall have any force or effect <br />unless embodied in a written contract executed and approved pursuant to STATE fiscal rules. <br /> <br />5. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of <br />any other term, or of any subsequent breach of the 5ame term. <br /> <br />6. Eligible .expenses. PROJECT costs eli9ible for financin9 by the STATE shall be limited to 75% of the <br />cost of: <br /> <br />a. Preparing final designs and specifications for the PROJECT. <br /> <br />b. Preparin9 bid and construction contract documents. <br /> <br />c. Preparing environmental assessment or environmental impact statements, and otherwise complying <br />with the Federal National Environmental PoliCY Act. <br /> <br />d. Complying with all federal, state, and local regulatory requirements, including the obtaining of all <br />required permits. <br /> <br />e. Land and water rights acquisitions needed for the PROJECT, including the necessary appraisals and <br />evaluations. <br /> <br />f. Fish and wildlife miti9ation measures required by federal, state, or local laws and regulations. <br /> <br />g. Actual construction as called for in the design documents and in change orders approved by the <br />STATE, the BORROWER, the CONSULTANT and tile CONSTRUCTION FIRM. <br /> <br />h. Engineering services for construction man~gement, including design and construction management <br />for STATE-approved change orders. <br /> <br />i. Legal services for reviewin9 engineerin9 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 eligible 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 may <br />determine to be: <br /> <br />a. advisable to further the purposes of this co~tract or to protect the STATE'S financial interest therein, <br />and <br /> <br />Town of Lyons <br /> <br />Page 8 of 1 2 <br /> <br />Loan Contract <br />