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<br />,-... ~.- <br />..,. <br /> <br />'-. ,-. <br /> <br />2. Time for PROJECT completion. The BORROWER shall commence with construction of the PROJECT as <br />soon as practicable after meeting necessary preconstruction requirements of this contract to effect completion <br />within two (2) years of the date of this contract. The PROJECT shall be constructed in accordance with the <br />PROJECT plans and specifications and any modification(s) thereof approved by the STATE. The time for <br />completion of the project may be extended subject to the mutual agreement of the STATE and the BORROWER. <br />The BORROWER must provide, in writing, documented justification for request of extension sixty (60) days prior <br />to the end of the two (2) year period for completion. The BORROWER further recognizes that time is of the <br />essence in the performance of all of its obligations under this contract. <br /> <br />3. Indemnification of the STATE. The BOR~OWER shall require all CONSTRUCTION FIRMS and their <br />subcontractors to indemnify the STATE and the 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 PROJECTOr by conditions created thereby, or based upon any violation of any statute, ordinance, or <br />regulation, and the defense of any such claims or a~tions. <br /> <br />4. Liability insurance during construction. The BORROWER shall require the CONSTRUCTION FIRM and its <br />subcontractors to maintain during the term of their contracts for construction of the PROJECT the following: <br /> <br />a. Workmen's compensation insurance in the required statutory amounts, and employers' liability in <br />the amoun1 of $200,000. <br /> <br />b. Automobile liability insurance for all ve~,icles and comprehensive general liability insurance, both <br />in at least the following amounts: <br /> <br />(i) For any injury to. one person in any single occurrence, the sum of Five Hundred Thousand "-or <br />Dollars ($500,000). <br /> <br />(ii) For any injury to two or more perso....s in any single occurrence, the sum of One Million Dollars <br />($1,000,000). <br /> <br />(iii) For any damage to property, the SUm of Five Hundred Thousand Dollars ($500,000) for each_ <br />occurrence. <br /> <br />Said general liability insurance shall name the BORROWER and the STATE as additional insured. No <br />payments shall be made to the BORROWER under this contract unless copies of current certificates of all such <br />insurance have been obtained by the BORROWER and filed with the STATE. Such filing of current certificates shall <br />be accomplished before the beginning of construction. Notices of renewals of said policies shall also be filed <br />with the STATE as they occur. <br /> <br />5. After construction, hold the STATE harmless from any liability, and maintain liability insurance coverage. <br />The BORROWER shall, without expense or legal liability to the STATE, manage, operate, and maintain the PROJECT <br />continuously in an efficient and economical manner. The BORROWER agrees to indemnify and hold the ST ATE <br />harmless from any liability incurred by the STATE as a result of the STATE'S interest in the PROJECT facilities and <br />any other property identified in the deed of trust provisions of this contract. Until complete repayment of the <br />loan is made to the STATE, the BORROWER shall maintain comprehensive general liability insurance covering the <br />management, operation, and maintenance of the PROJECT in at least the following amounts: <br /> <br />a. For any injury to one person in any single occurrence, the sum of One Hundred Fifty Thousand <br />Dollars ($150,000). . <br /> <br />Caryl Carroll <br /> <br />Page3of1' <br /> <br />Loan Contract <br />