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<br />c. Fort Lupton/Hudson pipeline <br /> <br />d. Morgan County pipeline <br /> <br />6. STATE may release contract. In its sole discretion, the STATE may at any time give any consent, deferment. <br />subordination, release, satisfaction, or termination of any or all of the BORROWER'S and/or the CITY'S obligations under <br />this contract, upon such terms and conditions as the 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. and <br /> <br />b. consistent with both the statutory purposes of this contract and the limitations of the statutory authority <br />under which it is made. <br /> <br />7. Casualty and eminent domain. Without expense to the STATE, the BORROWER and the CITY shall duly and <br />promptly comply with all terms of the Allotment Contract, including without limitation those terms relating to the <br />BORROWER'S payment of charges and costs due thereunder. The BORROWER and the CITY agree to indemnify and hold <br />the STATE harmless from any liability as a result of the STATE'S interest in the CONTRACT RIGHTS relating to the Project <br />facilities. In addition, if at any time, during the term of this contract, (a) the Southern Water Supply Project facilities, <br />or any portion thereof, are damaged or destroyed, in whole or in part, by fire or other casualty. or (b) title to or use <br />of the PROJECT facilities, or any part thereof, shall be taken under the exercise of the power of eminent domain, the <br />STATE and the BORROWER and the CITY shall cause any portion of the net proceeds of any insurance claim or <br />condemnation award which belongs to the BORROWER or the CITY or over which the BORROWER or the CITY has any <br />control to be applied to the prompt replacement, repair and restoration of the PROJECT facilities or any portion <br />thereof. If the net proceeds for all of the entities participating in the PROJECT are insufficient to pay the full cost of <br />the replacement, repair and restoration and the entities participating in the PROJECT determine not to repair. replace <br />or restore the PROJECT facilities, the BORROWER or the CITY shall promptly make any portion of the net proceeds to <br />which it is entitled or over which it has control available to the Borrower, who shall promptly pay such funds to the <br />STATE as a partial payment of its obligations under this Contract. <br /> <br />8. Services of PROJECT available without discrimination. The BORROWER shall make the services of said PROJECT <br />available within its capacity to all qualified persons in the BORROWER'S service area without discrimination as to race. <br />color, religion, or natural origin at reasonable charges (including assessments. taxes, or fees!. whether for one or <br />more classes of service. in accordance with a schedule of such charges formally adopted by the BORROWER through <br />its by-laws, as may be modified from time to time. <br /> <br />9. Captions. That the captions and headings contained in this contract are for convenience and reference <br />only and shall not be construed so as to define or limit the terms or provisions contracted herein. <br /> <br />10. STATE'S approval. This contract requires review and approval of plans, specifications, and various other <br />technical and legal documents. The STATE'S review of these documents is only for the purpose of verifying <br />BORROWER'S and or CITY'S compliance with this contract and shall not be construed or interpreted as a technical <br />review or approval of the actual design or construction of the PROJECT. Notwithstanding any consents or approvals <br />given the BORROWER and/or the CITY by the STATE on any such documents. BORROWER and/or the CITY and its <br />CONSULTANT preparing any such documents shall be solely responsible for the accuracy and completeness of any <br />of the construction documents. <br /> <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this contract shall be <br />delivered or mailed to the following addresses: <br /> <br />For the STATE: <br /> <br />For the BORROWER: <br /> <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Artn: William P. Stanton <br /> <br />City of Fort Morgan, Colorado, Water Works <br />and Distribution Enterprise <br />P. O. Box 100, 710 E. Railroad <br />Fort Morgan, CO B0701 <br />Alln: Utilities Director <br /> <br />CITY OF FORT MORGAN, COLORADO, WATER <br />WORKS AND DISTRIBUTION ENTERPRISE <br /> <br />Page 7 of to <br /> <br />LOAN CONTRACT <br />