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<br />
<br />2, Contract is not assignable, This contract is not assignable by the Cl1Y or the BORROWER except
<br />with the prior written approval of the STATE,
<br />
<br />3. Contract relationship, The parties to this contract intend that the relationship between them
<br />contemplated by this contract is that of lender-borrower, not employer-employee, No agent,
<br />employee, or servant of the CI1Y or the BORROWER shall be, or shall be deemed to be, an employee,
<br />agent, or servant of the STATE. The BORROWER will be solely and entirely responsible for its acts and
<br />the acts of its agents, employees, servants, engineering firms, construction firms, and subcontractors
<br />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, deletion,
<br />or other amendment hereto shall have any force or effect whatsoever unless embodied herein in
<br />writing, No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have
<br />any force or effect unless embodied in a written contract executed and approved pursuant to STATE
<br />fiscal rules,
<br />
<br />5, Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of any
<br />other term, or of any subsequent breach of the same term,
<br />
<br />6, Eligible expenses, PROJECT costs eligible for financing and/or refinancing by the STATE shall be
<br />limited to the costs of: '. "-.
<br />
<br />a, Preparing final designs and specifications for the PROJECT,
<br />
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<br />c, Preparing environmental assessment or environf!1ental'" impact statl'lments/"and otherwise
<br />complying with the Federal National Environmental Policy Act, >-,".;"i;;;y...-'
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<br />d, Complying with all federal, state, and local regulatorY,J~h~iremerifs~ including the obtaining of all
<br />required permits,~~RA....
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<br />e, Land and water rights acquisitions needed for the PROJECT, including the necessary appraisals
<br />and evaluations,
<br />
<br />b, Preparing bid and construction contract documents,
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<br />f, Fish and wildlife mitigation measures required by federal, state, or local laws and regulations.
<br />
<br />g, Actual construction as called for in the design documents and in change orders approved by the
<br />STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM,
<br />
<br />h, Engineering services for construction management, including design and construction
<br />management for STATE-approved change orders,
<br />
<br />i. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing
<br />construction contract documents, and for complying with all federal, state, and local regulatory
<br />requirements, Legal services must be approved in advance by the STATE in writing to be eligible
<br />for financing by the STATE, I
<br />
<br />7. STATE may release contract at its option. In its sole discretion, the STATE may at any time give any
<br />
<br />City of Idaho Springs and
<br />City of Idaho Springs, Colorado, Water Enterprise
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<br />Page 10 of 14
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