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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. <br /> <br />g. Engineering services for construction managen1ent, including design and construction management <br />for STATE-approved change orders. <br /> <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 to be eligible for financing by <br />the STATE. <br /> <br />7. STATE may release contract at its option. In its sole discretion, the STATE may at any time give any <br />consent, deferment. subordination, release, satisfaction, or termination of any or all of the DISTRICT'S and/or <br />BORROWER'S obligations under this contract, with valuable consideration, upon such terms and conditions as <br />the STATE may determine to be: <br /> <br />a. advisable to further the purposes of this contract or to protect the STATE'S financial interest therein. <br />and <br /> <br />b. consistent with both the statutory purposes of this contract and the limitations of the statutory <br />authority under which it is made. <br /> <br />8. Casualty and eminent domain. If, at any time during the term of this contract, (a) the BORROWER'S <br />PROJECT facilities and/or property pledged as security for this loan, including buildings or any portion thereof, <br />are damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT <br />facilities or any part thereof shall be taken under the exercise of the power of eminent domain. the BORROWER <br />shall 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. Any net proceeds remaining <br />after such work has been completed shall be paid to the BORROWER. If the net proceeds are insufficient to pay <br />the full cost of the replacement, repair and restoration, the BORROWER shall complete the w9r~ and pay any <br />cost in excess of the net proceeds. <br /> <br />9. Captions. The captions and headings contained in this contract are for convenience and reference only <br />and shall not be construed so as to define or limit the tern1S or provisions contracted herein. <br /> <br />10. 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 of <br />verifying the DISTRICT'S and the BORROWER'S compliance with this contract and shall not be construed or <br />interpreted as a technical review or approval of the actual design or construction of the PROJECT rehabilitation. <br />Notwithstanding any consents or approvals given the DISTRICT and/or the BORROWER by the STATE on any such <br />documents, the DISTRICT, the BORROWER and its CONSULTANT, in preparing any such documents shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br /> <br />1 1. Addresses for mailing. All notices, correspondence, or other documents required by this contract shall <br />be delivered or mailed to the following addresses: <br /> <br />For the STATE: <br /> <br />For the BORROWER: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 .Sherlnan Street, Room 721 <br />Denver, CO 80203 <br /> <br />Mutual Mesa lateral Enterprise and/or <br />Orchard Mesa Irrigation District <br />P.O. Box 356 <br />Palisade, CO 81525-0356 <br /> <br />Orchard Mesa Irrigation District & <br />Mutual Mesa Lateral Enterprise <br /> <br />Page 9 of 12 <br /> <br />Loan Contract <br />