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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 all
<br />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 the
<br />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 regulatory
<br />requirements. Legal services must be approved by the STATE in writing and in advance to be
<br />eligible for financing by the STATE.
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<br />6. STATE May Release Contract. In its sole discretion, the STATE may at any time give any consent,
<br />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
<br />STATE may determine to be advisable to further the purposes of this contract or to protect the
<br />STATE'S financial interest therein, and consistent with both the statutory purposes of this contract and
<br />the limitations of the statutory authority under which it is made.
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<br />7. Casualty And Eminent Domain. If, at any time, during the term of this contract, (a) the
<br />BORROWER'S PROJECT facilities including buildings or any portion thereof, are damaged or destroyed,
<br />in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT facilities or any part
<br />thereof shall be taken under the exercise of the power of eminent domain, the BORROWER shall
<br />cause the net proceeds of any insurance claim or condemnation award to be applied to the prompt
<br />replacement, repair and restoration of the PROJECT facilities or any portion thereof, or to repayment
<br />of this loan, Any net proceeds remaining after such work has been completed shall be retained by
<br />the BORROWER. If the net insurance proceeds are insufficient to pay the full cost of the replacement,
<br />repair and restoration, the BORROWER shall complete the work and pay any cost in excess of the net
<br />proceeds, In the event Borrower opts to repay the loan, Borrower shall remain responsible for the
<br />full loan amount outstanding regardless of the amount of such insurance proceeds or condemnation
<br />award,
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<br />8. Captions, The captions and headings contained in this contract are for convenience and reference
<br />only and shall not be construed so as to define or limit the terms or provisions contracted herein.
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<br />9. STATE'S Approval. This contract requires review and approval of plans, specifications, and various
<br />other technical and legal documents. The STATE'S review of these documents is only for the purpose
<br />of verifying BORROWER'S compliance with this contract and shall not be construed or interpreted as a
<br />technical review or approval of the actual design or construction of the PROJECT rehabilitation.
<br />Notwithstanding any consents or approvals given to the BORROWER by the STATE on any such
<br />documents, BORROWER and its CONSULTANT, by preparing any such documents, shall be solely
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<br />Farmers Pawnee Canal Company
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<br />Page g of 13
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<br />Loan Contract
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