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<br />insureds. An additional insured endorsement and a current copy of a certificate of said liability <br />insurance must be provided to the STATE prior to commericement of construction and <br />maintained until construction is complete. No payments shall be made to the BORROWER <br />unless all insurance certificates are current. The BORROWER shall file notices of renewals of <br />said policies with the STATE as renewals occur. <br /> <br />During the time of construction, the STATE reserves the right to increase the above amount of <br />insurance so that said amounts at a minimum correspond to the amount established by the <br />Colorado Governmental Immunity Act, now and as hereafter amended. <br /> <br />5. BORROWER'S Indemnification Of The STATE. The BORROWER shall, without expense or legal <br />liability to the STATE, manage, operate, and maintain the PROJECT continuously in an efficient <br />and economical manner. The BORROWER agrees to indemnify and hold the STATE harmless <br />from any liability incurred by the STATE as a result of the STATE'S interest in the PROJECT <br />facilities and any other property identified in the Collateral Provisions of this contract, <br /> <br />6. BORROWER'S Liability Insurance. Upon execution of this contract and continuing until <br />complete repayment of the loan is made to the STATE, the BORROWER shall maintain <br />commercial general liability insurance with a company that is satisfactory to the STATE <br />covering the management, operation, and maintenance of the PROJECT with minimum limits of <br />$1,000,000 combined single limit for each occurrence and $2,000,000 general aggregate, <br />including products/completed operations and personal injury, <br /> <br />Said general liability insurance shall name the STATE as additional insured, The BORROWER <br />shall provide the STATE with an Acord Form 27 evidencing said insurance and an additional <br />insured endorsement, and shall provide the STATE with documentation of renewals.of said <br />insurance, The STATE wiil not disburse any loan funds without evidence of said insurance <br />coverage. Throughout the life of this contract, the STATE reserves the right to increase the <br />above amount of insurance so that said amounts at a minimum correspond to the amount <br />established by the Colorado Govemmentallmmunity Act, now and as hereafter amended, <br /> <br />7. BORROWER'S Authority To Contract. The BORROWER shall, pursuant to its statutory <br />authority, articles of incorporation and by-laws, have its stockholders and board of directors <br />adopt resolutions, irrepealable during the life of this loan, authorizing the President and <br />Secretary, on behalf of the BORROWER, to do the following: <br /> <br />a, To enter into and comply with the terms of this contract and the promissory note, and <br /> <br />b, To levy assessments in an amount sufficient to pay the annual amounts due under this <br />contract, and to pledge assessment revenues and the BORROWER'S right to receive said <br />revenues for repayment of the loan, and <br /> <br />c, To place the assessment revenues pledged to make annual loan payments in a special <br />account separate and apart from other BORROWER revenues in accordance with the <br />Pledge of Property Provisions of this contract and <br /> <br />d, To make annual payments in accordance with the promissory note, and <br /> <br />e, To make annual deposits to a debt service reserve fund in accordance with the Pledge of <br />Property Provisions of this contract, and <br /> <br />f. To obtain a certificate of deposit to serve as collateral in the amount of one annual loan <br />payment as security for the loan, and execute an assignment of certificate of deposit as <br /> <br />Chilcott Ditch Company <br /> <br />Page 4 of 13 <br />