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<br />with the Secretary of State to terminate all of the STATE'S rights in and to the revenues pledged to
<br />repay this loan,
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<br />C, The STATE and the BORROWER mutually agree as follows:
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<br />1. Designated Agent Of The STATE. The CWCB, which includes its agents and employees, is
<br />hereby designated as the agent of the STATE for the purpose of this contract.
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<br />2. Contract Is Not Assignable, This contract is not assignable by the BORROWER except with the
<br />prior written approval of the STATE.
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<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,
<br />employee, or servant of the BORROWER shall be, or shall be deemed to be, an employee, agent,
<br />or servant of the STATE. The BORROWER shall be solely and entirely responsible for its acts and
<br />the acts of its agents, employees, servants, engineering firms, construction firms, and
<br />subcontractors during the performance of this contract.
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<br />4. Complete Integration Of All Understandings, This agreement is intended as the complete
<br />integration of all understandings between the parties. No prior or contemporaneous addition,
<br />deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied
<br />herein in writing, No subsequent novation, renewal, addition, deletion, or other amendment
<br />hereto shall have any force or effect unless embodied in a written contract executed and
<br />approved pursuant to STATE fiscal rules, witt' the exception of the Revision Letter as described in
<br />the Changes Provision of this contract.
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<br />5_ In Event Of A Conflict. In the event of conflict between the terms of this contract and conditions
<br />as set forth in any of the appendices, the provisions of this contract shall control.
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<br />6. Eligible Expenses. PROJECT costs eligible for financing by the STATE shall be limited to the cost
<br />of the following items, not to exceed 90% of the cost of the Project:
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<br />a. Preparing final designs and specifications for the PROJECT.
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<br />b, Preparing bid and construction contract documents.
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<br />c. Preparing environmental assessment or environmental impact statements, and otherwise
<br />complying with the Federal National Environmental Policy Act.
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<br />d. Complying with all federal, state, and local regulatory requirements, including the obtaining of
<br />all required permits,
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<br />e, Fish and wildlife mitigation measures required by federal, state, or local laws and regulations,
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<br />f, Actual construction as called for in the design documents and in change orders approved by
<br />the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM.
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<br />g. Engineering services for construction management, including design and construction
<br />management for STATE-approved change orders,
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<br />h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing
<br />construction contract documents, and for complying with all federal, state, and local
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<br />DeWeese.Dye Ditch & Reservoir Company
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<br />Page 9 of 13
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<br />Loan Contract
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