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<br />consent, deferment, sUborAtion, release, satisfaction, or termimln of any or all of the CITY'S
<br />and/or BORROWER'S obligations under this contract, with valuable consideration, upon such terms and
<br />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
<br />therein, and
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<br />b,. consistent with both the statutory purposes of this contract and the limitations of the statutory
<br />authority under which it is made,
<br />
<br />8. Casualty and eminent domain, If, at any time, during the term of this contract, (a) the BORROWER'S
<br />PROJECT facilities, including buildings, or any portion thereof, are damaged or destroyed, in whole or
<br />in part, by fire or other casualty, or (b) title to or use of the PROJECT facilities or any part thereof shall
<br />be taken under the exercise of the power of eminent domain, the BORROWER shall cause the net
<br />proceeds of any insurance claim or condemnation award to be applied to the prompt replacement,
<br />repair and restoration of the PROJECT facilities or any portion thereof. Any net proceeds remaining
<br />after 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,)he BORROWER shall
<br />complete the work and pay any cost in excess of the' net proceeds, .'
<br />
<br />, -",.,-;-......... . i
<br />9, Services of PROJECT available withoilt discrimination. The CITY an(ft~~,'B6RROWER shall make
<br />the services of said PROJECT availabl~>Nithin its capacity to all qU1:llified"persons in the BORROWER'S
<br />service area without discrimination asto'raee, color, religion,'otiiatural origin at reasonable charges
<br />(including assessments, taxes, or fees);whether,fofone or more classes of service, in accordance
<br />with a schedule of such charges formallf~aopted by the CITY and/or the BORROWER through their
<br />ordinances or resolutions,
<br />
<br />10. Captions. That 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 contracted
<br />herein,
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<br />11. STATE'S approval. This contract requires review and approval of plans, specifications, and various
<br />other technical and legal documents, The STATE'S review of these documents is only for the purpose
<br />of verifying the CITY'S and the BORROWER'S compliance with this contract and shall not be construed
<br />or interpreted as a technical review or approval of the actual design or construction of the PROJECT.
<br />Notwithstanding any consents or approvals given to the CITY and/or the BORROWER by the STATE on
<br />any such documents, the CITY, the BORROWER and its CONSULTANT, in preparing any such
<br />documents shall be solely responsible for the accuracy and completeness of any of said documents.
<br />
<br />12. Bonding. The STATE, the BORROWER and the CITY hereby acknowledge and agree that because the
<br />PROJECT is not a public works for the State of Colorado, the bond requirements set forth in Paragraph
<br />D,3 of the Special Provisions herein does not apply,
<br />
<br />13. Addresses for mailing. All notices, correspondence, or other documents required by this contract
<br />shall be delivered or mailed to the following addresses:
<br />For the STATE: For the BORROWER:
<br />Colorado Water Conservation Board City of Idaho Springs
<br />1313 Sherman Street, Room 721 P,O, Box 907
<br />Denver, CO 80203 Idaho Springs, CO 80452
<br />Attn: Construction Fund Section
<br />
<br />City of Idaho Springs and
<br />City of Idaho Springs, Colorado, Water Enterprise
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