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<br />._^-::/;r-\) <br /> <br />4. Complete integration of all understandings. This agreement is intended as the complete integration of <br />all understandings between the parties. No prior or COntemporaneous addition, deletion, or other amendment <br />hereto shall have any force or effect whatsoever unless embodied herein in writing. No subsequent notation, <br />renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a <br />written contract executed and approved pursuant to STATE fiscal rules. <br /> <br />5. Eligible expenses. PROJECT construction costs eligible for financing by the STATE shall be limited to the <br />cost of: <br /> <br />a. Preparing final designs and specifications for the PROJECT. <br /> <br />b. Preparing bid and construction contract d<::>cuments. <br /> <br />c. Preparing environmental assessment or enVironmental impact statements, and otherwise complying <br />with the Federal National Environmental Policy Act. <br /> <br />d. Complying with all federal, state, and 10C1l1 regulatory requirements, including the obtaining of all <br />required permits. <br /> <br />e. Land and water rights acquisitions needed for the PROJECT including the necessary appraisals and <br />evaluations. <br /> <br />I. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations. <br /> <br />g. Actual construction as called for in the d~sign documents and in change orders approved by the <br />STATE, the BORROWER, the CONSULTANT and trle CONSTRUCTION FIRM. <br /> <br />h. Engineering services for construction man~gement, including design and construction management <br />for STATE-approved change orders. <br /> <br />i. 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 before they are rendered in <br />order to be eligible for payment by the STAT~. <br /> <br />6. 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 BORROWER'S <br />obli9ations under this contract with or without valua~le consideration, upon such terms and conditions as the <br />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 />7. Casualty and eminent domain. If, at any time, during the term of this contract, (a) the BORROWER'S <br />PROJECT facilities, including buildings or any portion thereof, are damaged or destroyed, in whole or in part, by <br />fire or other casualty, or (bl title to or use of the PROJECT facilities or any part thereof shall be taken under the <br />exercise of the power of eminent domain, the STATI: and the BORROWER shall cause the net proceeds of any <br />insurance claim or condemnation award to be applied to the prompt replacement, repair and restoration of the <br />PROJECT facilities or any portion thereof. Any net prOceeds remaining alter such work has been completed shall <br /> <br />Caryl Carroll <br /> <br />Page 7 of 11 <br /> <br />Loan Contract <br />