Laserfiche WebLink
<br />8, CWCS May Release Contract. In its sole discretion, the CWCB may at any time give <br />any consent, deferment, subordination, release, satisfaction, or termination of any or all <br />of the BORROWER'S obligations under this contract, with valuable consideration, upon <br />such terms and conditions as the CWCB may determine to be advisable to further the <br />purposes of this contract or to protect the CWCB's financial interest therein, and <br />consistent with both the statutory purposes of this contract and the limitations of the <br />statutory authority under which 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 <br />or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the <br />PROJECT facilities or any part thereof shall be taken under the exercise of the power of <br />eminent 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 <br />the PROJECT facilities or any portion thereof, or to repayment of this loan, Any net <br />proceeds remaining after such work has been completed or this loan has been repaid, <br />shall be retained by the. BORROWER. If the net insurance proceeds are insufficient to <br />pay the full cost of the replacement, repair and restoration, the BORROWER shall <br />complete the work and pay any cost in excess of the net proceeds. In the event <br />BORROWER chooses to repay the loan, BORROWER shall remain responsible for the full <br />loan amount outstanding regardless of the amount of such insurance proceeds or <br />condemnation award. <br /> <br />10.Captions. The captions and headings contained in this contract are for convenience <br />and reference only and shall not be construed so as to define or limit the terms or <br />provisions contracted herein. <br /> <br />11. cwes's Approval. This contract requires review and approval of plans, specifications, <br />and various other technical and legal documents. The CWCB's review of these <br />documents is only for the purpose of verifying BORROWER'S compliance with this <br />contract and shall not be construed or interpreted as a technical review or approval of <br />the actual design or construction of the PROJECT. Notwithstanding any consents or <br />approvals given to the BORROWER by the CWCB on any such documents, BORROWER <br />and any of its consultants, by preparing any such documents, shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br /> <br />12. Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br />waiver of any other term, or of any subsequent breach of the same term. <br /> <br />13.Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Section 1 <br />(BORROWER Information) of the Project Summary, for the BORROWER and to the <br />address below for the CWCB: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />SPECIAL PROVISIONS (12/01 version), State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants. <br /> <br />Page 6 of 8 <br />