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PROJC00346
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PROJC00346
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Last modified
5/28/2013 8:48:57 AM
Creation date
10/6/2006 12:06:11 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153785
Contractor Name
Chipperfield Lane Ditch, Inc.
Contract Type
Loan
Water District
39
County
Garfield
Bill Number
SPL
Loan Projects - Doc Type
Contract Documents
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<br />16. Remedies For Default. Upon default in the payments herein set forth to be made by the <br />BORROWER, or default in the performance of any covenant or agreement contained herein, <br />the STATE, at its option, may: <br /> <br />a. declare the entire principal amount and accrued interest then outstanding immediately <br />due and payable; <br /> <br />b. incur and pay reasonable expenses for repair, maintenance, and operation of the <br />PROJECT facilities herein described and such expenses as may be necessary to cure the <br />cause of default, and add the amount of such expenditures to the principal of the loan <br />amount; <br /> <br />c. act upon the Promissory Note, Security Agreement, and Assignment Of Deposit Account <br />As Security, <br /> <br />d. apply the funds contained in the CD ACCOUNT to the repayment of the loan; <br /> <br />e. take any other appropriate action. <br /> <br />All remedies described herein may be simultaneously or selectively and successively <br />enforced. The provisions of this contract may be enforced by the STATE at its option without <br />regard to prior waivers of previous defaults by the BORROWER, through judicial proceedings <br />to require specific performance of this contract, or by such other proceedings in law or equity <br />as may be deemed necessary by the STATE to ensure compliance with provisions of this <br />contract and the laws and regulations under which this contract is executed. The STATE'S <br />exercise of any or all of the remedies described herein shall not relieve the BORROWER of <br />any of its duties and obligations under this contract. <br /> <br />17. Progress Reports. The BORROWER shall, with the assistance of the CONSULTANT, prepare a <br />periodic progress report which contains a statement of the PROJECT costs expended for that <br />period and shall forward said statement to the STATE. <br /> <br />18. Periodic Inspections. Throughout the term of this contract, the BORROWER shall permit a <br />designated representative of the STATE to make periodic inspections of the PROJECT. Such <br />inspections are solely for the purpose of verifying compliance with the terms and conditions <br />of this contract. Furthermore, such inspections shall cover the condition of the PROJECT, <br />operating records, maintenance records, and financial records, and shall not be construed <br />nor interpreted as an approval of the actual design and/or construction of any element of the <br />PROJECT facilities. <br /> <br />19. Adhere To Applicable Laws. The BORROWER shall strictly adhere to all applicable federal, <br />state, and local laws and regulations that are in effect or may hereafter be established <br />throughout the term of this contract. <br /> <br />20. No Discrimination Of Services. The services of said PROJECT shall be made available <br />within its capacity and in accordance with all pertinent statutes, rules and regulations, and <br />operational guidelines to all persons in the BORROWER'S service area without discrimination <br />as to race, color, religion, or national origin at reasonable charges (including assessments or <br />fees), whether for one or more classes of service, in accordance with a schedule of such <br /> <br />Chipperfield Lane Ditch, Inc. <br /> <br />Page 8 of 14 <br /> <br />Loan Contract <br />
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