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<br />f. Actual construction as called for in the design documents and in change orders approved by <br />the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM. <br /> <br />g. Engineering services for construction management, including design and construction <br />management for STATE-approved change orders. <br /> <br />h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing <br />construction contract documents, and for complying with all federal, state, and local <br />regulatory requirements. Legal services must be approved by the STATE in writing and in <br />advance to be eligible for financing by the STATE. <br /> <br />6. STATE May Release Contract. 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 <br />BORROWER'S obligations under this contract, with valuable consideration, upon such terms and <br />conditions as the STATE may determine to be advisable to further the purposes of this Contract or <br />to protect the STATE'S financial interest therein, and consistent with both the statutory purposes of <br />this contract and the limitations of the statutory 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 <br />BORROWER'S PROJECT facilities and/or property pledged as collateral for this loan, including <br />buildings or any portion thereof, are damaged or destroyed, in whole or in part, by fire or other <br />casualty, or (b) 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 BORROWER shall cause the net proceeds of any <br />insurance claim or condemnation award to be applied to the prompt replacement, repair and <br />restoration of the PROJECT facilities or any portion thereof. Any net proceeds remaining after <br />such work has been completed shall be paid to the BORROWER. If the net proceeds are <br />insufficient to 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. <br /> <br />8. 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 />9. STATE'S Approval. This contract requires review and approval of plans, specifications, and <br />various other technical and legal documents. The STATE'S review of these documents is only for <br />the purpose of verifying BORROWER'S compliance with this contract and shall not be construed or <br />interpreted as a technical review or approval of the actual design or construction of the PROJECT <br />rehabilitation. Notwithstanding any consents or approvals given to the BORROWER by the STATE <br />on any such documents, BORROWER and its CONSULTANT, by preparing any such documents, <br />shall be solely responsible for the accuracy and completeness of any of said documents. <br /> <br />10. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of <br />any other term, or of any subsequent breach of the same term. <br /> <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall be delivered or mailed to the following addresses: <br /> <br />River Oaks On The Roaring Fork <br />Property Owners Association. Inc. <br /> <br />Page 7 of 11 <br /> <br />Loan Contract <br />