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<br />~ .... <br /> <br />designated as the agents of the CWCB for the purpose of this contract. <br /> <br />4. Contract Is Not Assignable. The BORROWER may not assign this contract except with the <br />prior written approval of the ewcs. <br /> <br />5. Contract Relationship. The parties to this contract intend that the relationship between <br />them under this contract is that of lender-borrower, not employer-employee. No agent, <br />employee, or servant of the BORROWER shall be, or shall be deemed to be, an employee, <br />agent, or servant of the eWCB. The BORROWER shall be solely and entirely responsible for <br />its acts and the acts of its agents, employees, servants, engineering firms, construction <br />firms, and subcontractors during the term of this contract. <br /> <br />6. 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, unless <br />expressly provided for herein. <br /> <br />7. In Event Of A Conflict. In the event of conflict between the terms of this contract and <br />conditions as set forth in any of the appendices, the provisions of this contract shall control. <br /> <br />8. CWCB May Release Contract. In its sole discretion, the ewcs 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 valuable ,consideration, upon such terms <br />and conditions as the eWeB may determine to be advisable to further the purposes of this <br />contract or to protect the CWCB'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 />9. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the <br />BORROWER'S PROJECT facilities, including buildings or any portion thereof, are damaged or <br />destroyed, in whole or in part, by 1ire 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 <br />domain, the BORROWER shall cause the net proceeds of any insurance claim or <br />condemnation award to be applied to the prompt replacement, repair and restoration of the <br />PROJECT facilities or any portion thereof, or to repayment of this ioan. Any net proceeds <br />remaining after such work has been completed or this loan has been repaid, shall be <br />retained by the BORROWER. If the net insurance proceeds are insufficient to pay the full cost <br />of the replacement, repair and restoration, the BORROWER shall complete the work and pay <br />any cost in excess of the net proceeds. In the event BORROWER opts to repay the loan, <br />BORROWER shall remain responsible for the full loan amount outstanding regardless of the <br />amount of such insurance proceeds or condemnation award. <br /> <br />10. Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br /> <br />Page 7 of 10 <br /> <br />Loan Contract <br />