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<br />., <br />, <br /> <br />>.< <br /> <br />for the eWCB staff. <br /> <br />I. The BORROWER shall pay all of the expenses related to the Project when such bills are due. <br /> <br />2. Eligible Expenses. Listed below are the PROJECT expenses for which the BORROWER <br />is eligible for reimbursement: <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 obtaining of <br />all required permits. <br /> <br />e. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations. <br /> <br />f. Actual construction as called for in the design documents and in change orders approved by <br />the CWCB and the BORROWER. . <br /> <br />g. Engineering services for construction management, including design and construction <br />management for CWCB-approved change orders. <br /> <br />h. Interest during completion of the PROJECT pursuant to Paragraph A.3 herein. <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 <br />regulatory requirements. <br /> <br />3. Loan Disbursements. The CWCB shall disburse loan funds in accordance with Section 4, <br />(Disbursement Schedule) of the Project Summary, <br /> <br />4. Time for Performance. The BORROWER recognizes that time is of the essence in the <br />performance of all of its obligations under this contract. Therefore, the BORROWER shall complete <br />the PROJECT within the time specified in Section 5 (Time For Performance) of the Project <br />Summary. <br /> <br />5. Indemnification By The Construction Firm. The BORROWER shall require. all Construction <br />Firms and their subcontractors to indemnity the CWCB and the BORROWER against all liability and <br />loss, and against all claims and actions based upon or arising out of damage or injury, including <br />death, to persons or property, caused by any acts or omissions of those parties or sustained in <br />connection with the performance of any contract related to the PROJECT or by conditions created <br />thereby, or based upon any violation of any statute, ordinance, or regulation, and the defense of <br />any such claims or actions. <br /> <br />6. Liability Insurance During Construction. During construction of the PROJECT, the BORROWER <br />shall require the following insurance coverage in the limits shown with a company that is <br />satisfactory to the CWCB. <br /> <br />a. BORROWER shall maintain builder's risk insurance for construction in progress for all perilS of <br />loss including fire, wind, hail, and vandalism in an amount equal to the completed value of the <br />PROJECT. <br /> <br />b. The construction firms and subcontractors shall mai"ntain during the term of their contracts for <br />construction of the PROJECT the following. <br /> <br />West Rhone Lateral Ditch Company <br /> <br />Page 6 of 11 <br /> <br />Loan Contract <br />