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<br />j. Upon completion of the PROJECT construction, the BORROWER shall arrange a final inspection for the <br />CWCB staff, CONSTRUCTION FIRM, and the CONSULTANT. <br /> <br />2. Time for PROJECT completion. The BORROWER recognizes that time is of the essence in the <br />performance of all of its obligations under this contract. therefore, the BORROWER shall complete the PROJECT <br />no later than one (1) year from the date of this contract. The time for completion of the PROJECT may be <br />extended subject to the approval of the STATE. The BORROWER must provide, in writing. documented <br />justification for any request for an extension at least sixty (60) days prior to the end of the period for <br />completion. <br /> <br />3. Indemnification by the CONSTRUCTION FIRM. the BO~ROWER shall require all CONSTRUCTION FIRMS and their <br />subcontractors to indemnify the STATE and BORROWER against all liability and loss, and against all claims and <br />actions based upon or arising out of damage or injury, including death, to persons or property, caused by any <br />acts or omissions of those parties or sustained in connection with the performance of any contract related to <br />the PROJECT or by conditions created thereby, or based upon any violation of any statute, ordinance, or <br />regulation, and the defense of any such claims or actions. <br /> <br />4. Liability insurance during construction. The BORROWER shall require the CONSTRUCTION FIRM and its <br />subcontr.actors to maintain, during the term of their contracts for construction of the PROJECT, the following <br />insurance with a company that is satisfactory to the STAlE: <br /> <br />a. Worker's compensation and employer's liability in~urance in the required statutory amounts. <br /> <br />b. Automobile liability insurance which includes coverage for all owned, non-owned and hired vehicles <br />with minimum limits of $1,000,000 combined single limit for bodily injury and property damage. <br /> <br />c. Commercial general liability insurance with minimum limits of $1,000,000 combined single limit for <br />each occurrence and $2,000,000 general aggregate. This insurance coverage shall include <br />products/completed operations and personal injury. <br /> <br />d. Builder's risk for construction in progress for all perils of loss including fire, wind, hail,- vandalism, and <br />flood in an amount equal to the completed value of the PROJECT. <br /> <br />Said general liability insurance shall name the BORROWER and the STATE as additional insured. An additional <br />insured endorsement and a current copy of a certificate of said liability insurance must be provided to the <br />STATE prior to beginning of construction and maintained until construction is complete. No payments shall be <br />made to the BORROWER unless all insurance certificates are current. Notices of renewals of said pOlicies shall <br />also be filed with the STATE as they occur. <br /> <br />During the time of construction, the STATE reserves we right to increase the above amount of insurance <br />so that said amounts at a minimum correspond to the amounts established by the Colorado Governmental <br />Immunity Act, now and as hereafter amended. <br /> <br />5. BORROWER'S indemnification of the STATE. The BORROWER shall, without expense or legal liability to the <br />STATE, manage, operate, and maintain the PROJECT in an efficient and economical manner. The BORROWER <br />agrees to indemnify and hold the STATE harmless from any liability incurred by the STATE as a result of the <br />STATE'S interest in the PROJECT facilities. <br /> <br />6. BORROWER'S liability insurance. Upon execution of this contract and continuing until complete <br />repayment of the loan is made to the STATE, the BORROWER ~hall maintain commercial general liability insurance <br />with a company that is satisfactory to the STATE covering the management, operation, and maintenance of <br />the PROJECT with minimum limits of $1,000,000 combined single limit for each occurrence and $2,000,000 <br />general aggregate, including products/completed operations and personal injury. <br /> <br />Orchard Mesa Irrigation District & <br />Mutual Mesa Lateral Enterprise <br /> <br />Page 3 of 12 <br /> <br />Loan Contract <br />