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<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 hereto
<br />shall have any force or effect unless embodied in a written contract executed and approved pursuant
<br />to STATE fiscal rules, with the exception of the Revision Letter as described in the Changes Provision
<br />of this centract.
<br />
<br />5. In Event Of A Conflict. In the event of conflict between the terms of this centract and conditions as
<br />set forth in any of the appendices, the provisions of this centract shall centro!.
<br />
<br />6. Eligible Expenses. PROJECT cests eligible for financing by the STATE shall be limited to the cost of:
<br />
<br />a. Preparing final designs and specifications for the PROJECT,
<br />
<br />b. Preparing bid and construction contract documents.
<br />
<br />c, Preparing environmental assessment or environmental impact statements, and otherwise
<br />cemplying 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. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations,
<br />
<br />f. Actual censtruction as called for in the design documents and in change orders approved by the
<br />STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM,
<br />
<br />g. Engineering services for construction management, including design and censtruction
<br />management for STATE-approved change orders,
<br />
<br />h, Legal services for reviewing engineering services contracts, reviewing this contract, reviewing
<br />construction centract 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.
<br />
<br />7. STATE May Release Contract. In its sole discretion, the STATE may at any time give any censent,
<br />deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S
<br />obligations under this centract, 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 censistent with both the statutory purposes of this centract and
<br />the limitations of the statutory authority under which it is made,
<br />
<br />8. Casualty and Eminent Domain. If, at any time, during the term of this centract, (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
<br />taken under the exercise of the power of eminent domain, the BORROWER shall cause the net
<br />proceeds of any insurance claim or cendemnation award to be applied to the prompt replacement,
<br />repair and restoration of the PROJECT facilities or any portion thereof, or to repayment of this loan,
<br />Any net proceeds remaining after such work has peen completed shall be retained by the BORROWER, If
<br />the net insurance proceeds are insufficient to pay the full cost of the replacement, repair and
<br />restoration, the BORROWER shall cemplete the work and pay any cost in excess of the net proceeds.
<br />In the event Borrower opts to repay the loan, Borrower shall remain responsible for the full loan
<br />amount outstanding regardless of the amount of such insurance proceeds or condemnation award,
<br />
<br />Western Mutual Ditch Company
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<br />Page 9 of 13
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<br />Loan Contract
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