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<br />them contemplated by this contract is that of lender-borrower, not employer-employee. No <br />agent, employee, or servant of the BORROWER shall be, or shall be deemed to be, an <br />employee, agent, or servant of the STATE. The BORROWER shall be solely and entirely <br />responsible for its acts and the acts of its agents, employees, servants, engineering firms, <br />construction firms, and subcontractors during the performance of this contract. <br /> <br />4. Complete Integration Of All Understandings. This agreement is intended as the <br />complete integration of all understandings between the parties. No prior or <br />contemporaneous addition, deletion, or other amendment hereto shall have any force or <br />effect whatsoever unless embodied herein in writing. No subsequent novation, renewal, <br />addition, deletion, or other amendment hereto shall have any force or effect unless <br />embodied in" a written contract executed and approved pursuant to STATE fiscal rules, <br />unless expressly provided for herein. <br /> <br />5. In the Event Of A Conflict. In the event of a conflict between the terms of this contract <br />and conditions as set forth in any of the appendices, the provisions of this contract shall <br />control. <br /> <br />6. Eligible Expenses. PROJECT costs eligible for financing by the STATE shall be limited to <br />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 <br />otherwise complying with the Federal National Environmental Policy Act. <br /> <br />d. Complying with all federal, state, and local regulatory requirements, including the <br />obtaining of all required permits. <br /> <br />e. Fish and wildlife mitigation measures required by federal, state, or local laws and <br />regulations. <br /> <br />f. Actual construction as called for in the design documents and in change orders <br />approved by the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM. <br /> <br />g. Engineering services for construction management, including design and construction <br />management for STATE-approved change orders. <br /> <br />h. Legal services for reviewing engineering services contracts, reviewing this contract, <br />reviewing construction contract documents, and for complying with all federal, state, <br />and local regulatory requirements. <br /> <br />7. STATE May Release Contract. 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 <br />BORROWER'S obligations under this contract, with vaiuable consideration, upon such terms <br />and conditions as the STATE may determine to be advisable to further the purposes of this <br />contract or to protect the STATE'S financial interest therein, and consistent with both the <br />statutory purposes of this contract and the limitations of the statutory authority under which <br />it is made. <br /> <br />8, Casualty And Eminent Domain. If. at any time; during the term of this contract, (a) the <br /> <br />Sterling Irrigalion Company <br /> <br />Page 9 of 1 3 <br /> <br />Loan Contract <br />