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<br />. <br /> <br />. <br /> <br />(d) At the beginning of each fiscal quarter, aMID shall pay MMLE an <br />amount, not to exceed $5,000, certified by MMLE as necessary to satisfy <br />its expenses for legal, accounting, and other administrative expenses <br />incurred in the preceding fiscal quarter; and, <br /> <br />(e) aMID shall pay MMLE all othcr amounts, including without limitation <br />interest on loaned funds accruing during construction of the Project, which <br />MMLE may be required to pay the cwcn pursuant to the loan contract <br />between MMLE and the CWeB for funds necessary to construct the <br />Project. <br /> <br />9. Certificate of Deposit. As part ofthc security for loaning MMLE the funds <br />necessary to construct the Project, the CWCB will require MMLE to establish a Certificate of <br />Deposit account in the amount of one annual loan payment (currently $50,370.02) and execute an <br />assignment of that Certificate of Deposit to the State of Colorado. As additional consideration <br />for the duties and obligations undertaken by MMLE pursuant to this Agreement, aMID will loan <br />MMLE the above amount. MMLE will utilize those funds to purchase a Certificate of Deposit <br />for the above purpose and execute a pledge of that Certificate of Deposit to aMID, which will in <br />turn subordinate to the required assignment of that Certilicate of Deposit to the CWCB. <br /> <br />10. Insurance. The Loan Agreement between MMLE and the CWCB for funds <br />necessary to construct the Project requires MMLE to maintain commercial general liability <br />insurance with a company that is satisfactory to the CWCB covering the management, operation, <br />and maintenance of the Project with minimum limits of $1,000,000 combined single limit for <br />each occurrence and $2,000,000 general aggregatc, including products/completed operations and <br />personal injury. As additional consideration for the duties and obligations undertaken by MMLE <br />pursuant to this Agreement, aMID will purchase the rcquired insurance on MMLE's behalf and <br />maintain the required coverage, as it may be increased or decreased by the CWCB from time to <br />time, during the term of this Agreement. <br /> <br />I 1. Cooperative Efforts. The parties shall each take all actions and execute all <br />documents necessary to assist the other in performing its duties and obligations under this <br />Agreement. <br /> <br />12. Subiect to Annual Appropriations. MMLE acknowledges that this Agreement <br />must be renewed by aMID on each anniversary of its effective date, and that aMID's <br />obligations under this Agreement shall be subject to annual appropriations. In addition, the <br />parties agree that the payment amounts set forth in Section 8 of this Agreement shall be subjcct <br />to negotiation and adjustment upon each annual rcnewal; provided, however, that the <br />renegotiated payment amounts shall not, in the aggregate, be less than MMLE's anticipated debt <br />service paymcnts and other obligations for the twelvc month period following the annual <br />renewal. <br /> <br />3 <br />