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<br />BORROWER any unused funds contained in the CD ACCOUNT,
<br />
<br />C, The STATE and the BORROWER mutually agree as follows:
<br />
<br />1, Designated Agent Of The STATE. The CWCB, which includes its agents and employees, is
<br />hereby designated as the agent of the STATE for the purpOse of this contract.
<br />
<br />2. Contract Is Not Assignable. This contract is not assignable by the BORROWER except with
<br />the prior written approval of the STATE,
<br />
<br />3. Contract Relationship. The parties to this contract intend that the relationship between
<br />them contemplated by this contract is that of lender-borrower, not employer-employee. No
<br />agent, employee, or servant of the BORROWER shall be, or shall be deemed to be, an
<br />employee, agent, or servant of the STATE, The BORROWER shall be solely and entirely
<br />responsible for its acts and the acts of its agents, employees, servants, engineering firms,
<br />construction firms, and subcontractors during the performance of this contract.
<br />
<br />4. Complete Integration Of All Understandings~ This agreement is intended as the complete
<br />integration of all understandings between the parties, No prior or contemporaneous addition,
<br />deletion, or other amendment hereto shall have any force or effect whatsoever unless
<br />embodied herein in writing, No subsequent novation, renewal, addition, deletion, or other
<br />amendment hereto shall have any force or effect unless embodied in a written contract
<br />executed and approved pursuant to STATE fiscal rules, with the exception of the Revision
<br />Letter as described in the Changes Provision of this contract.
<br />
<br />5. In Event Of A Conflict. In the event of conflict between the terms of this contract and
<br />conditions as set forth in any of the appendices, the provisions of this contract shall control.
<br />
<br />6. Eligible Expenses. PROJECT 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 documents.
<br />
<br />c, Preparing environmental assessment or environmental impact statements, and otherwise
<br />complying with the Federal National Environmental Policy Act.
<br />
<br />d, Complying with all federal, state, and local regulatory requirements, including the
<br />obtaining of all required permits.
<br />
<br />e, Fish and wildlife mitigation measures required by federal, state, or local laws and
<br />regulations.
<br />
<br />f. Actual construction as called for in the design documents and in change orders approved
<br />by the STATE, the BORROWER, the CONSU~ TANT 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,
<br />reviewing construction contract documents, and for complying with all federal, state, and
<br />
<br />The Decker Lateral Company
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<br />Page 9 of 14
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<br />Loan Contract
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